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Introduction
Disasters can disrupt operations and lead to employee absences. Understanding your organisation's legal responsibilities and options for managing employee absences during disasters is crucial.
An employee might be unable to attend work because their workplace has been flooded and is temporarily closed, or because they live in a flood-effected area and are unable to get to work.
If an employee in unable to attend work due to a disaster, their employer should consider all options available to manage the parties’ interests.
Managing an employee’s absence from work
Options available to manage an employee’s absence from work will depend on the employee’s employment agreement, enterprise agreement or award (whichever applies). Depending on the content of these documents, options can include:
- offering employees the ability to take a period of accrued paid leave (such as annual leave)
- requesting employees take annual leave (provided the award of agreement allows for it) – if the employee is not covered by an award or agreement, the request must be reasonable
- if there are multiple worksites and not all sites are affected by the disaster, offering the employee to work from an alternative site
- flexible working arrangements (such as working from home, a shared office space or a co-working environment)
- directing employees to continue to work – some awards and enterprise agreements include provisions that deal with disasters and inclement weather
- standing down employees who are unable to be usefully employed
Also consider whether the organisation has policies that set out any procedures to be followed – for example, an organisation may have a pandemic or infectious diseases policy.
Where an award or enterprise agreement include provisions that deal with disasters and inclement weather, check:
- how inclement weather or disaster is defined
- the requirements for working in the conditions, and
- when employees are entitled to be paid for working in those conditions
For example, under the Building and Construction General On-site Award [MA000020] employees (including casuals) are required to continue to be paid (over a four week period) when sent home because of inclement weather conditions, which includes hail, high winds, severe dust storms and extreme high temperatures.
Standing down employees is a last resort. Under the Fair Work Act 2009 (Cth), where there is a stoppage of work caused by natural disasters, such as bushfires or floods, employers can stand down employees without pay if they can’t be usefully employed.
For more information, see the Fair Work Ombudsman’s webpages:
- Employment entitlements during natural disasters and emergencies, and
- Pay during inclement or severe weather and natural disasters
Case study
The Blue Mountains Community Centre (a not-for-profit organisation) has been forced to close due to bushfires. The centre’s enterprise agreement does not include any provisions that deal with business closures due to natural disasters.
Paul, the manager of the centre, consults the Fair Work information line and confirms he can stand down his employees during the period in which the employees can’t be usefully employed while the centre is closed.
If possible, Paul would prefer that the employees be paid during the stand down, so he checks their current leave entitlements as an alternative to an unpaid stand down. Of the centre’s three employees, two have accrued annual leave and one has accrued annual leave and long service leave.
Paul contacts each employee to advise them that he will be standing them down until the centre is able to reopen. He offers the employees the option of using their leave entitlements during the period as an alternative to being stood down without pay. Paul makes it clear that it is entirely optional and there is no obligation to take this leave.
Two employees choose to take paid leave while one decides to hold on to their leave for a holiday they have planned. Paul then confirms these arrangements in writing with each employee.
Disclaimer: These resources provide general information about legal issues that may arise for not-for-profit organisations in managing disasters. This information is a guide only and is not legal advice. If you or your organisation has a specific legal issue, you should seek legal advice before deciding what to do. See full disclaimer and copyright notice.
The content on this webpage was last updated in December 2024.
