Much has been made in the media in recent weeks about the impact the bushfires have had on our volunteer firefighters and their jobs and businesses. What is the law around that? Who can request leave? What sort of leave to they take? What do employers need to take into account? Check our our latest article in The District Reporter. We have expert employment lawyers at CMC who can help you navigate this sensitive issue. Knowledge is power.
NSW is facing an unprecedented bushfire danger and has been for a number of months. This can impact upon employment related matters in a number of areas. These include:
1. Community Service Leave
The Fair Work Act provides an entitlement for employees to be absent from their employment when engaging in an eligible “community service activity”. This includes voluntary emergency management activity, involving dealing with an emergency or a natural disaster. To be eligible for such leave, an employee must be a member of a recognised emergency management body and that body must request the employee engage in the activity. The obvious example in NSW is members of the Rural Fire Service.
Most employers are what is known as National Employers and accordingly covered by the National Employment Standards (NES). The NES provides that employees may take Community Service Leave, which includes any period in which they are engaged in the activity; Any reasonable travelling time associated with it; and Reasonable rest time following the activity.
Some awards and workplace agreements may also make specific arrangements for Community Service Leave. Additionally, in NSW the State Emergency and Rescue Management Act includes a provision that entitles a public sector employee or an absent while taking part in an emergency operation as a member of an emergency services organisation and provides a limit of up to 28 days for offenders.
It is important to note that, unless there is a provision to the contrary in the Award or agreement, there is no obligation to pay employees for Community Service Leave.
Further, there is no cap on the maximum amount of Community Service Leave that can be allowed, although it must be reasonable in light of the current emergency. Unfortunately, in the current circumstances, this period of leave could amount to many weeks.
2. Army Reserve Members
The Governor General initiated a Defence call-out on January 4 2020 until further notice in relation to the bushfire emergency. The relevant legislation in this regard is the Defence Reserves Service (Protection) Act 2001. It is important for employers to note it is compulsory for Army Reserve Members who are called out to provide a service. An employer may contact the relevant unit to discuss any concerns it has regarding the business disruption caused by a Reserve Service Member being absent from their employment. There is a specific protection in the legislation and the act provides that a reserve employee must be released without being made to take any form of other leave (such as personal/carers leave or annual leave) during the period of service. Employers should contact us to check whether they are entitled to financial assistance through government schemes to cover any losses arising from such absences.
While we hope the emergency situation will soon come to an end, it may still have repercussions for some time. Any local employer who has any concerns regarding these matters can contact either Geoff Lloyd at our Camden Office or Julie Burton at our Narellan office for further information or assistance.
