Extreme Weather Conditions and Your Employees
The recent floods in Queensland and other areas have highlighted to many the importance of having clear and concise workplace policies dealing with extreme weather conditions, so as to prevent confusion as to who is entitled to what.
The table below provides a helpful summary of an employer’s position in certain situations:
| Situation | Your position as an employer | Our recommendation |
| An employee is unable to attend work because of floods or another extreme weather condition. | You must first consult any applicable award or employment/enterprise agreement.If there are no specific provisions in an applicable award or agreement, you may agree to the employee taking either paid or unpaid leave. | Have a clause in your employment agreement which outlines your position in relation to paid or unpaid leave received during this period. |
| The workplace is in shutdown due to floods or extreme weather conditions | You must first consult any applicable award or employment/enterprise agreement.When the workplace is shut down and employees are unable to be usefully employed for reasons completely out of the employer’s control, such as extreme weather conditions, the Fair Work Act makes provisions for employees to be stood down without pay. However, this will only apply if there are no specific provisions in an applicable award or employment /enterprise agreement. | Have a clause in your employment agreement which outlines your position in relation to paid or unpaid leave received during this period.If possible, have your employees take part in other paid work, such as cleaning up the workplace (please note that this should be extended to those employees physically capable. Workplace health and safety requirements would continue to apply, and significant penalties can apply if these laws are breached). |
| An employee has asked for leave to care for their child because the school has closed down. | The Fair Work Act provides that in an unexpected emergency, an employee is entitled to personal/carer’s leave for the care or support of a person in their immediate family or household, who requires care or support because of the unexpected emergency.An applicable award or employment/enterprise agreement may give an employer authority to request evidence of such an unexpected emergency. | Check any applicable award, employment agreement, enterprise agreement or other instrument to see if specific provisions apply. |
| Are employees entitled to Community Service Leave to assist with emergency management operations? | The Fair Work Act provides that employees who are registered with a recognised emergency management body may take a period of unpaid leave, for the purposes of assisting in an eligible community service activity.There is no minimum or maximum length of entitlement to leave, however it must be reasonable. There are several further requirements that an employee must meet before they are entitled to Community Service Leave.
More specific provisions may be contained in an applicable award or employment/enterprise agreement. |
Have a clause in your employment agreement which outlines the requirements for entitlement to Community Service Leave. |
If you are concerned about your obligations as an employer, or any other employment law issue, please contact Tony Pattinson of our office.
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