There may be individuals and workplaces affected by the cyclone in parts of Queensland and New South Wales.
Learn your workplace rights and responsibilities if you’re affected.
Stand down
The impact of a cyclone may affect whether some workplaces can stay open.
If a business can’t open or needs to temporarily close, employers may be able to stand down an employee in some circumstances. This includes when an employee can’t do useful work because of:
- equipment breakdown if the employer isn’t responsible for it, or
- stoppage of work for which the employer can’t be held responsible, including severe and inclement weather or natural disasters (such as cyclones or floods).
During a stand down period, an employee:
- doesn’t need to be paid
- accrues leave in the usual way.
Some awards, agreements and employment contracts have extra rules about when an employer can stand down an employee without pay.
Taking paid or unpaid leave
Employees can access paid and unpaid leave entitlements if they’re affected by the cyclone. They can also take leave to assist with emergency management activities.
Annual leave
Annual leave can be taken at any time an employer and employee agree. An employer can only refuse a request for annual leave if the refusal is reasonable.
In some cases, an employer may be able to direct an employee to take annual leave. These rules are set out in awards and registered agreements.
Sick and carer’s leave
Employees (other than casual employees) affected by a natural disaster or emergency may be entitled to take paid sick and carer’s leave.
An employee can take paid sick leave when they can’t work because of a personal illness or injury. For example, an employee injured during a cyclone may be entitled to sick leave.
An employee can take paid carer’s leave to care for or support a member of their immediate family or household who is:
- sick
- injured, or
- having an unexpected emergency.
For example, an employee may be able to take carer’s leave if their child’s school closes unexpectedly due to a cyclone.
Full-time and part-time employees who have used all of their paid sick and carer’s leave are entitled to 2 days unpaid carer’s leave per occasion to provide care and support to a family or household member due to:
- illness
- injury, or
- an unexpected emergency.
Casual employees can also take unpaid carer’s leave for one of these reasons.
An employee must let their employer know that they are taking sick or carer’s leave. They may also need to provide evidence.
Community service leave
All employees (including casuals) are entitled to take community service leave for certain voluntary emergency management activities. This applies so long as what they are doing fits the definition of a voluntary emergency management activity.
Community service leave is unpaid. It can be taken for both voluntary emergency management activity and reasonable travel and rest time.
There’s no limit on the amount of community service leave an employee can take.
Defence Reservists
Defence Reservists may be called to help with the cyclone.
In addition to the NES and any entitlements under an award or agreement, Defence Reservists have rights and protections under the Defence Reserve Service (Protection) Act 2001 when they are absent from work on defence service leave. This includes the right to:
- be released from work while undertaking defence service
- continue to be employed on their return.
Accessing flexible working arrangements
Some employers and employees may wish to negotiate ways to make their workplace more flexible to help navigate the challenges of the cyclone. For example, employers and employees can discuss changing:
- what hours they work
- what days they work
- where they perform their work.
