Coronavirus and Australian Workplace Laws

Coronavirus (COVID-19) is a respiratory illness caused by a new virus. Symptoms range from a mild cough to pneumonia. Some people recover easily, others may get very sick very quickly. There is evidence that it spreads from person to person. Good hygiene can prevent infection.

What is coronavirus (COVID-19)

Coronaviruses are a large family of viruses that can make humans and animals sick.  It causes illnesses that can range from the common cold to more severe diseases.  Coronavirus (COVID-19) was first reported in December 2019 in Wuhan City in China.

Symptoms

Symptoms can range from mild illness to pneumonia. Some people will recover easily, and others may get very sick very quickly. People with coronavirus may experience:

• fever
• flu-like symptoms such as coughing, sore throat and fatigue
• shortness of breath

Who is at risk

In Australia, the people most at risk of getting the virus are those who have:

• recently been in mainland China and Iran
• been in close contact with someone who is a confirmed case of coronavirus

How it spreads

The Australian Department of Health have advised that there is evidence that the virus spreads from person-to-person.

The virus is most likely spread through:

• close contact with an infectious person
• contact with droplets from an infected person’s cough or sneeze
• touching objects or surfaces (like doorknobs or tables) that have cough or sneeze droplets from an infected person, and then touching your mouth or face

Prevention

The Australian Department of Health have advised that surgical masks in the community are only helpful in preventing people who have coronavirus disease from spreading it to others. If you are well, you do not need to wear a surgical mask as there is little evidence supporting the widespread use of surgical masks in healthy people to prevent transmission in public.

Find out more in about the use of surgical masks.

Everyone should practise good hygiene to protect against infections. Good hygiene includes:

• washing your hands often with soap and water
• using a tissue and cover your mouth when you cough or sneeze
• avoiding close contact with others, such as touching

Read more about protective measures against coronavirus on the World Health Organization website.

If you have a confirmed case, you need to isolate yourself to prevent it spreading to other people.

What happens if an employee or their family member is sick with coronavirus?

The TLA encourages employees and employers to work together to find appropriate solutions that suit the needs of individual workplaces and staff. This may include taking different forms of leave, working from home, or taking extra precautions in the workplace.

Full and part-time employees who can’t come to work because they are sick can take paid sick leave. If an employee needs to look after a family member or member of the employee’s household who is sick with coronavirus, or suffering an unexpected emergency, they are entitled to take paid carer’s leave.

Casual employees are entitled to 2 days of unpaid carer’s leave per occasion. Full and part-time employees can take unpaid carer’s leave if they have no paid sick or carer’s leave left.

An employee must give their employer evidence of the illness or unexpected emergency if their employer asks for it.

What if an employee is stuck overseas or required to be quarantined?

Employees should contact their employer immediately if they are unable to attend work because they can’t return from overseas or are required to enter quarantine because of the coronavirus.

You can find up-to-date information on quarantine requirements on the Department of Health’s website  .

The Fair Work Act does not have specific rules for these kinds of situations so employees and employers need to come to their own arrangement. This may include:

• taking sick leave if the employee is sick
• taking annual leave
• taking any other leave available to them (such as long service leave or any other leave available under an award, enterprise agreement or contract of employment)
• arranging any other paid or unpaid leave by agreement between the employee and the employer.

What if an employee wants to stay home as a precaution?

If an employee wants to stay at home as a precaution against being exposed to coronavirus, they will need to make a request to work from home (if possible) or to take some form of paid or unpaid leave, such as annual leave or long service leave. These requests are subject to the normal leave application process in the workplace.

Employees are encouraged to discuss their level of risk of contracting coronavirus with their doctor, workplace health and safety representative or the appropriate State or Territory workplace health and safety body.

What if an employer wants their staff to stay home?

You can find up-to-date information on quarantine requirements on the Department of Health’s website  .

Under work health and safety laws, employers are required to ensure the health and safety of their workers and others at the workplace (as far as is reasonably practical). Workers also have responsibilities under those laws.

If an employee is at risk of infection from coronavirus (for example, because the employee has recently travelled through mainland China, or has been in close contact with someone who has the virus), you should request the employee seek medical clearance from a doctor and to work from home (if possible), or not work during the risk period. 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. You should consider your obligations under any applicable enterprise agreement, award, employees’ contracts of employment, and workplace policies.

Under the Fair Work Act, an employee can only be stood down without pay if they can’t do useful work because of equipment break down, industrial action or a stoppage of work for which the employer can’t be held responsible. The most common scenarios are severe and inclement weather or natural disasters. Enterprise agreements and employment contracts can have different or extra rules about when an employer can stand down an employee without pay.

Employers need to balance their legal obligations, including those relating to anti-discrimination.