By Samuel Jones
Despite the gradual shift back toward normality post the chaos and turmoil of the COVID-19 pandemic, a new epidemic has arisen: long-term COVID.
Long-term COVID or post-COVID-19 Syndrome is understood to involve a variety of ongoing, returning, or new symptoms of the virus that individuals are experiencing weeks, months and even years after first testing positive for the virus. This surge in sickness has had a lasting effect on the workforce and has led to a significant increase in employees calling in unwell or needing to look after loved ones.
So, the question then arises: what entitlements do employees have when it comes to long-term COVID, and what can employers do to lessen the effect on their business?
Despite the direct correlation to COVID, employees who are unable to work due to long-term COVID are entitled to the same leave options as they would be with any other illness. This includes:
1. Paid personal/carer’s leave
All full-time and part-time employees in Australia are entitled to ten days of paid personal/carer’s leave which accrues progressively during each year of service according to the employee’s ordinary hours of work. Personal/carer’s leave can be taken by an employee if they are unfit for work, or if they are required to provide care or support to an immediate family or household member who is unwell. Casual employees are not entitled to paid personal/carer’s leave and instead can take unpaid leave if they are unable to attend for duty. In Victoria, the Government is piloting the ‘Victorian sick pay guarantee’ which may entitle eligible casual employees to payment when they are unfit to work.
2. Unpaid carer’s leave
Both permanent and casual employees are entitled to two days of unpaid leave each time a member of their immediate family or household requires care or support because they are unwell
3. Compassionate leave
Permanent employees are entitled to two days of paid compassionate leave each time an immediate family member or household member contracts or develops a serious life-threatening injury or illness or dies. Casual employees are also entitled to receive compassionate leave, but the leave is unpaid.
4. Unpaid leave
At the discretion of the employer, a period of unpaid leave may be granted when an employee has exhausted all of their paid leave entitlements and they require time off on account of illness or injury or to support a loved one who is unwell. Unpaid leave is not an automatic right under the Fair Work Act 2009 (FW Act), however, if an employee is in urgent need of time off and provides satisfactory evidence attesting to the genuine reason they require leave, then in order to foster a positive and supportive work environment, it is beneficial to accept the unpaid leave request in the appropriate circumstances.
5. Other considerations
Not only does an employer have a Work Health & Safety (WHS) obligation to ensure a safe working environment is provided to all staff, but in a time where recruitment of staff is extremely difficult, it is more important than ever that businesses are striving to be an ‘employer of choice’ in order to attract and retain valuable staff. One way of becoming an employer of choice is to foster a workplace culture which is caring and supportive of employee’s needs.
Do you have an Employee Assistance Program (EAP)? A range of work and personal problems can negatively impact the health and well-being of your employees. Having an EAP in place is an effective means of giving your team access to professional support services that they can use on a free and confidential basis.
How can HR Assured help?
To help you with any workplace compliance questions you might have, we’d like to offer you a FREE HR Health Check for your business. Our experts will complete a thorough evaluation of your HR that’ll help uncover any hidden risks before they become problems.
If any of the information in this article has raised questions about leave entitlements and long covid symptoms for you or you’ve got another workplace matter you need advice on, please reach out to our experts via our 24/7 Telephone Advisory Service.
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Samuel Jones is a Workplace Relations Advisor at HR Assured and assists a variety of clients via the 24/7 Telephone Advisory Service. He is currently studying for a Bachelor of Laws/Bachelor of Psychology (Honours).