Answering your frequently asked questions about COVID-19

In response to the latest COVID-19 outbreak, an array of new protocols and regulations have been introduced to the workplace. To ensure your team has the latest information and access to relevant resources, we’ve collated a list of 12 frequently asked questions along with the responses.

 

1. Can I ask for ‘proof’ of COVID-19  from workers who are sick?

An employer can ask an employee to give evidence showing that the employee took the leave because they:

• Were unable to work because of an illness or injury* 
• Needed to provide care or support to an immediate family or household member because of an illness, injury, or unexpected emergency

*Employers can ask employees to provide evidence for as little as one day or less off work. The privacy and confidentiality of the person who tested positive for COVID-19 must always be maintained.

 

2. Do I need to inform others in the workplace if an employee tests positive for COVID-19?

Yes, you should advise workers and contractors of the general situation. However, the privacy and confidentiality of the person who tested positive for COVID-19 must always be maintained. Information provided to employees should include:

• COVID-19 symptoms that staff and contractors should monitor themselves for
• Where to seek advice and relevant information provided by public health authorities
• Reminders to staff, contractors, and customers not to enter the premises if they are unwell
• Advice on physical distancing and personal hygiene measures
• The infection control measures the business operator has put in place, including cleaning    

 

3. If someone is sick with COVID-19 in my workplace, do I have to notify any authorities?
In some states you need to notify a government agency when a person in the workplace has received a positive COVID-19 test. For example, in NSW you need to notify Safework NSW if there has been a hospitalisation or a fatality when the worker contracted, or likely contracted COVID-19 in the workplace.

 

4. What happens if a sick worker (with COVID-19) doesn’t have enough sick leave left? Can annual leave be used?

Full-time and part-time employees can take paid sick leave if they can’t work because they are sick with COVID-19. If they have no paid sick leave left, they should arrange with their employer to take some other type of paid or unpaid leave.

Should employees receive pay during quarantine and self-isolation?

Employees working from home during self-isolation or quarantine must be paid. Full-time and part-time employees should be paid their normal pay if:

• their employer directs them to stay home
• they aren’t sick with COVID-19
• they are ready, willing and able to work

Employees aren’t entitled to be paid (unless they use paid leave entitlements) if they can’t work because:

• an enforceable government direction requires them to self-quarantine
• government-imposed travel restrictions are in place (eg. they are stuck overseas)
• They are sick with COVID-19.

Employers should consider any award, agreement, employment contracts or workplace policies that apply, because they may be more generous.

How should employees access leave during quarantine or self-isolation?

Under the National Employment Standards, employees are entitled to take paid sick leave if they can’t work because of a personal illness or injury. An employee who is required to quarantine or self-isolate because of an enforceable government direction should contact their employer to discuss leave options or flexible working arrangements. This could include:

• annual leave
• sick and carer’s leave
• unpaid leave and other paid leave

An employee who is on, or decides to take, annual leave during a quarantine or self-isolation period can take their accrued sick leave if they become ill or injured. The usual rules for taking sick leave apply including:

• letting their employer know as soon as possible
• providing evidence (if required by the employer)

Example: Taking paid sick leave while on annual leave

Kimberley has taken four weeks of annual leave to travel. During her travels, Kimberley finds out that she must self-isolate because she has been in close contact with a confirmed COVID-19 case. 

While Kimberley is self-isolating, she continues to take her annual leave. During this period, she becomes unwell with a stomach bug. Kimberley is entitled to access her paid sick leave for the time that she’s unwell because she is unfit for work. Kimberley provides her employer with notice and a medical certificate.

 

5. What is Schedule X?

Schedule X is a temporary schedule in some awards. It gives eligible employees:

• two weeks of unpaid pandemic leave
• the ability to take twice as much annual leave at half their normal pay if their employer agrees (if the leave starts before 31 December 2021).

For more information, visit the Fair Work website.

 

6. My award no longer provides access to unpaid pandemic leave and I don’t have any sick leave left? What help can I access?

You may be eligible for one of the following government payments;

Test and Isolate support payment

If you need to self-isolate and are unable to work while waiting for your COVID-19 test result, you may be eligible for the COVID-19 Test and Isolate support payment. You will need to apply for the payment within 7 days of having the test. For eligibility criteria, and to apply, visit the Service NSW website. 

Pandemic Leave Disaster Payment

The Pandemic Leave Disaster Payment is available to eligible workers who don’t have appropriate leave entitlements and can’t earn an income because they:

• have to self-isolate or quarantine due to a positive COVID-19 case, or
• are caring for someone with COVID-19.

For more information about the payment, eligibility requirements and how to claim it, visit Services Australia’s website. 

Pandemic Leave Disaster Payment – New South Wales

For NSW residents, Leave Disaster Payment is available if you can’t earn an income because you or someone you’re caring for has to self-isolate or quarantine due to COVID-19. 

You have to self-isolate or quarantine for one of the following reasons:

• you have COVID-19, for isolation periods starting before 10 January 2022, you must have been directly informed you have COVID-19 by a health official
• you’re informed by a health official that you’re a close contact with a person who has COVID-19
• you care for a child, 16 years or under, who has COVID-19
• you’re informed by a health official that a child you care for who is 16 years or under, is a close contact with a person who has COVID-19
• you’re caring for someone who has COVID-19
• you’re caring for someone with a disability or a severe medical condition who must self-isolate or quarantine because they’re a close contact of a person with COVID-19.

 

7. How do I know if my award still provides unpaid pandemic leave?
Go to the Fair Work website to find your award. Generally, the information will be found at Schedule X.

 

8. My business has several awards – some of these no longer contain Schedule X while others do. How do I ensure fairness for my whole workforce if someone gets sick from COVID-19?

If the awards that cover you or your business do not contain a Schedule X check what other options may be available to employees. These may include:

• Flexible work options – working from home
• Unpaid leave – An employer can give extra unpaid leave to their employees if they choose to, even if it isn’t in an award, enterprise agreement, employment contract or workplace policy. This should be negotiated between the employer and employee.
• Long service leave – The Long Service Leave Act has been temporarily amended until 31 March 2022 to allow an employer and employee to agree to taking leave in multiple periods of no less than one day after the worker has completed ten years’ continuous service.

Other forms of government financial support include:

• Test and Isolate payments for eligible employees
• Government disaster payments for eligible employees

 

9. Where and how can I keep a list of vaccinated staff? Who is eligible to access it?

Collecting proof of vaccination

An employer may ask to view evidence of an employee’s vaccination status without raising privacy obligations, provided they do not collect (i.e. record or keep) this information. An employer should not collect vaccination status information from an employee unless the employee consents and the collection is reasonably necessary for the employer’s functions and activities. 

However, consent to collection is not required if the collection is authorised by law (eg. where a public health order applies or where it is necessary for the employer to meet their obligations under WHS laws). If your business meets the criteria to retain proof of vaccination, this should be stored in a secure location (eg. locked file with limited access to a designated COVID-19 Coordinator or HR Manager.

 

10. There are so many changing rules – what obligations do I have as a business owner?

The best way to keep up to date with information and obligations as a business owner is to regularly check out information on your local government website. 

• NSW https://www.nsw.gov.au/covid-19/business 
• ACT https://www.covid19.act.gov.au/restrictions/current-restrictions 
• Victoria https://www.coronavirus.vic.gov.au/business-and-work 
  

 

11. Can I insist on regular Rapid Antigen Testing (RAT)? If so, under what circumstances?

Businesses will only need to implement a regular RAT program if public health orders are issued. 

If there are no public health orders in place, employers should first undertake a risk assessment in consultation with workers and identify RAT as a reasonable measure to control the risk of COVID-19 transmission. For example, in a high-risk setting where there is a current confirmed outbreak, it would likely be deemed reasonable to implement RAT.

Employers should also consider other measures to put in place to control the spread of COVID-19 such as provision and use of PPE, good hygiene practices, contactless pick up/deliveries and flexible work options where available.

Where a RAT program is implemented, employers should pay for the tests or reimburse employees if they have provided their own approved RAT kit.

 

 

12. Do results of RAT need to be reported?

On the 12th of January 2022, a new NSW Public Health Order was signed requiring people who receive a positive RAT result to report it. From the 19th January 2022 a penalty of $1,000 will apply to anyone who fails to register a positive RAT result. 

Any team member who has received a positive RAT from the 1st of January 2022 or who receives a positive RAT at home, will need to register the result with Service NSW.

How to register a positive RAT

 To locate forms and further information, visit your state government’s website;

• NSW – Service NSW
• ACT – https://www.covid19.act.gov.au
• Victoria – https://www.coronavirus.vic.gov.au
• QLD – https://www.qld.gov.au
• SA – https://www.sahealth.sa.gov.au

 

For more information or assistance regarding COVID-19 or any HR matter, please call our team on 0437 870 773 or email us here.