Private Sector and Aged Care

A. This will depend on the reason that you were sent home.

If you are sent home from work to self-isolate to avoid a risk of contaminating others, then you are serving your employer during this time, even if you are not working. Where an employer directs a full-time or part-time employee not to work, the employee would ordinarily be entitled to be paid while subject to the direction. That entitlement “to be paid’ while directed not to work, is an entitlement “to be paid’ without reduction of any leave balance.

Casual employees are not entitled to be paid. The ANMF, along with other Trade Unions, is calling on the Federal Government to provide financial support for all workers impacted by COVID-19.

Source:

• Fair Work Ombudsman website. 

   

If you are sent home from work to avoid social contact, then you should make arrangements to work from home (if possible). If that is not possible, then you are following a direction from your employer and as such are serving your employer during the time that you are home. As above, a full-time or part-time employee would ordinarily be entitled to be paid while subject to the direction. Casual employees are not entitled to be paid.

If you are sent home from work because you cannot be usefully employed (there is no work for you to do) because of COVID-19, then your employer may stand you down, with or without pay. If you are stood down without pay, you may be able to access accrued annual leave entitlements. Some enterprise agreements in the private acute sector permit the employer to direct an employee to take annual leave where the hospital is at low occupancy or low activity, or during periods of shutdown. If you experience the above, please contact the ANMF (SA Branch) Duty Officer on 8334 1900 to get further advice.

A: The Federal Government's current policy, outlines that all overseas travellers returning to Australia will have to be quarantined for a period of 14 days at a location determined by the Government.

The South Australian Government maintains a list of current travel restrictions on its website available here.

Requirements to self isolate depend on which state or territory you are entering from, and whether you are considered an essential traveller.

 

There are very limited exceptions for essential travellers entering or returning to South Australia.

Employees should contact their employer immediately if they are unable to attend work because they have returned from overseas or interstate and are required to enter quarantine or to self-isolate.

In the first instance, we would encourage members to discuss working from home options with their manager. If working from home is not practicable, then members can apply to use any paid leave entitlements they may have accrued.

If an employee cannot work because they are subject to a government order requiring them to self-quarantine, the employee is not ordinarily entitled to be paid (unless they use leave entitlements). In this case, their inability to work is because of a government order, not because of their employer. Members should consider whether their entitlements may be impacted by any applicable enterprise agreement, employment contract or workplace policies, which may be more generous.

The ANMF, along with the Australian Council of Trade Unions, are calling on the Federal Government to provide financial support for all workers impacted by COVID-19.

• Fair Work Ombudsman website. 

   

A. Whether you can be directed to undertake different duties will depend on your employment contract and what has been agreed to in terms of the scope of your duties.

For example, if you were employed as a Nurse Educator, but your contract or job specification includes, ‘providing clinical nursing care’, then you could be directed to perform clinical nursing duties.

If your employer is receiving JobKeeper, they have the power to unilaterally direct you to undertake different duties to those which you usually undertake, however the direction must meet certain conditions, including that it is reasonable and necessary to continue employment, and the employer provides 3 days written notice.

If you experience the above, please contact the ANMF (SA Branch) Duty Officer on 8334 1900 for further advice.

A: In the first instance, we would encourage these other staff to explore options with their employer for working from home. These staff who have been sent home are serving their employer during that time at home, even if they are not working. Where an employer directs a full-time or part-time employee not to work, the employee would ordinarily be entitled to be paid while subject to the direction. That entitlement “to be paid’ while directed not to work, is an entitlement “to be paid’ without reduction of any leave balance.

Casual employees are not entitled to be paid. The ANMF, along with other Trade Unions, are calling on the Federal Government to provide financial support for all workers impacted by COVID-19. View the media release here.

Source:

• Fair Work Ombudsman website. 

   

A: A casual employee is entitled to accept or reject offered shifts at will. There is no obligation for a casual employee to accept a shift.

However, it is recommended that you discuss your personal circumstances with your employer to explore any options for being rostered in a different ward or worksite, so as to avoid a reduction in your income.

A. An employer has an obligation to make sure everyone at work is safe, so they can ask for a medical clearance where it is reasonable. In the case of COVID-19 concerns, this will depend on the circumstances, but should really only be in a situation where:

• A worker may have been exposed to a confirmed case of coronavirus; or
• A worker may have travelled, transited or left a specific country as per above.

A. Private sector employers cannot direct an employee to take annual leave unless the relevant enterprise agreement or modern award permits such a direction. Some enterprise agreements in the private acute sector permit the employer to direct an employee to take annual leave where the hospital is at low occupancy or low activity, or during periods of shutdown. If your employer is receiving JobKeeper, they can ask an employee to take a period of annual leave, as long as doing so will not reduce their balance of paid annual leave to less than two weeks, and employees cannot unreasonably refuse such a request.

If you experience the above, please contact the ANMF (SA Branch) Duty Officer on 8334 1900 to get further advice.

A. Employers should take positive steps to assist workers to manage any increased family responsibilities arising from COVID-19.

You can request for flexible working arrangements if you are responsible for caring for a sick child or adult, or a person with disability or a person who is frail and aged. Your employer must discuss and genuinely consider your request and only refuse on reasonable business grounds which will include a consideration of the operational needs of the workplace. A written response should be provided to you.

A. Workers who contract COVID-19 in the course of their employment may be able to claim workers' compensation benefits for any time lost or medical care required.

However, it may be challenging to prove that work was the significant contributing cause of the injury in light of the growing number of community infections. You should contact the Duty Officer for assistance if you are unable to work due to contracting COVID-19 at work.

A. The South Australian Government’s State Coordinator’s current Direction provides that all persons entering South Australian must self-quarantine for a period of 14 days at a suitable location.

In the first instance, we would encourage members to discuss working from home options with their manager. If working from home is not practicable, then members can apply to use any paid leave entitlements they may have accrued.

A. Members with pre-existing health conditions or concerns, or are aged over 65 years are encouraged to have a discussion with their line manager in the first instance to negotiate suitable work arrangements including location and/or duties.

The Fair Work Act 2009 allows employers to stand employees down without pay in certain circumstances when employees cannot be usefully employed.

If you and/or your colleagues are stood down, you should contact our Duty Officer by emailing Duty.Roster@anmfsa.org.au immediately.

There are several alternatives to standing down staff, which employers should also explore. These include:

• access to accrued paid leave (e.g. annual leave);
• negotiating with employees to change rosters or hours of work (by agreement only); and
• transfer to other sites and flexible working arrangements, such as working from home.

The effect of a stand-down is that you remain employed, although you are not required to perform work and you are not paid during the period of the stand-down. However, you continue to accrue annual leave and personal leave entitlements while you are stood down.

For more information visit the -Fair Work Ombudsman website.