Sick and carer’s leave (Covid-19)

By Xperion | Business Articles | 28/01/2022

covid Sick leave

We have been asked many times how to treat staff time off for either taking the Covid test , having to quarantine or being sick with Covid.

Fair Work rules around sick leave due to COvid-19

If an employee cannot attend work in these circumstances, the employee isn’t entitled to be paid unless they take paid sick leave or some other type of paid leave.

If they have no paid sick leave left, they should arrange with their employer to take some other type of paid or unpaid leave.

An employee is protected from losing their job because of their temporary absence due to illness or injury. See Long periods of sick leave.

Employees also can’t be dismissed or injured in their employment because they have a responsibility under a workplace health and safety law to quarantine or self-isolate.

An employee needs to give their employer reasonable evidence that they aren’t fit for work if their employer asks for it.

Carer’s leave due to COVID-19

Sick and carer’s leave comes under the same leave entitlement. It’s also known as personal / carer’s leave.

Employees can take carer’s leave (paid or unpaid) if they need to look after a family or household member who has COVID-19 or affected by an unexpected emergency (i.e. closed day care)

What about when employees are taking a PCR test or having to quarantine but are not sick?

If an employee is required to go to a COVID-19 testing facility to get tested for COVID-19 by their employer (but it isn’t required under a public health order), they’re entitled to get tested on work time and be paid for the time as if they had worked.

An employee may not be entitled to be paid for time spent getting a COVID-19 test if it is to comply with a public health order or if they’re getting tested at their own discretion, unless they take paid leave.

Whilst legally the employer may not be obligated to treat this as a sick day, it may be best to exercise some compassion and meet in the middle.

Some may be able to work from home. Otherwise the employee needs to take the day as annual leave day and when this is used up, unpaid leave.

Government payments

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 coronavirus case, or
are caring for someone with coronavirus.

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

COVID-19 hardship payments

Some Australian states and territories are also providing hardship payments for certain workers during the pandemic. Eligible workers include those who don’t have access to certain paid leave entitlements and can’t work because they are waiting for coronavirus test results. Go to:

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