Information to assist with your employee questions relating to the flooding and their employment.

It is quite possible that if you’re reading this e-newsletter in Brisbane or surrounding areas that you have encountered many and varied situations in recent days relating to your employees and the floods, such as those not being able to attend work due to access issues, workplace damage inhibiting ability to perform work or absence due to participation in emergency volunteer work.

Below is a brief snapshot of your rights and obligations that are handy to be aware of.

Your employee is volunteering for an emergency services organisation.

Full time and part time employees are eligible to assist during the floods under the NES’s provision for unpaid Community Services Leave, however beyond this Queensland legislation specifically provides for payment of ordinary pay during emergency service leave (Public Safety Preservation Act 1986, s44).

An employee is eligible to participate if the:

• Activity involves dealing with a natural disaster (flood);
• Employee engages in the activity as a volunteer;
• Employee is a member of a ‘recognised emergency management body’ (a body set up as part of a government-prepared plan for coping with emergencies or disasters);
• Emergency service organisation requested the employee to take part in the emergency service activity or, if no request was actually made, it would have been reasonable to expect a request to be made if possible to do so;
• Organisation is otherwise prescribed by regulations to be eligible.

The actual time out of work which may be covered is the period of actual engagement in dealing with the emergency, reasonable travelling time to and from the site and reasonable rest time.

The Fair Work Act 2009 doesn’t specify minimum or maximum time limits for an emergency activity, you as the employer are entitled to set a maximum period of absence, and to request that the emergency services organisation release the employee from emergency duties if business performance is being disrupted.

Your employee cannot attend work as access to workplace is blocked or the workplace is damaged.

It is recommended that you review the applicable Modern Award/Agreement or contract of employment to determining the employee’s entitlement to pay, however:

• Paid leave options: you could offer that the employee utilises accrued Rostered Days Off, takes time off in lieu of accrued overtime or offering access to annual leave or long service leave.
• Unpaid options: The Fair Work Act 2009 allows for an employer to stand down an employee without pay if they cannot be ‘usefully employed’ because of a stoppage of work for any cause for which the employer cannot reasonably be held responsible (such as a flood).

Please contact the Kane Consulting office if you require further information on (07) 3397 9330 or e-mail talent@kaneconsulting.com.au

We hope that your family, friends, employees and their homes are safe during this devastating time.

Yvonne.
0424954108