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.

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.

Source:

• Fair Work Ombudsman website. 

   

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.

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 you have any questions or concerns please contact the ANMF (SA Branch) Member Assist team via our Member Assist Form

A. Workers who contract COVID-19 in the course of their employment may be able to claim workers' compensation benefits, which can include payments for time lost and reimbursement of medical expenses.

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.

If you have any questions or concerns please contact the ANMF (SA Branch) Member Assist team via our Member Assist Form

A. If an employee is required to go to a COVID-19 testing facility to get tested for COVID-19 by their employer (but it isn’t required under a public health order), they’re entitled to get tested on work time and be paid for the time as if they had worked. A requirement to complete a Rapid Antigen Test before your shift should also take place in paid time.

A. If you are covered by an enterprise agreement, you should check to see if it contains any entitlement to paid or unpaid pandemic leave.

If you are a Nurse covered by the Nurses Award 2020 (here) or a Personal Care Worker covered by the Aged Care Award 2010(here), or a Personal Care Worker covered by the Aged Care Award 2010, (here),   you should see Schedule X for access to unpaid pandemic leave. You will be entitled to take up to two weeks unpaid leave if you are required by government or medical authorities or on the advice of a medical practitioner to self-isolate or are unable to work because of measures taken by government or medical authorities in response to the COVID-19 pandemic. You may also take your annual leave at half pay.

A. All persons who are employed to work at a Residential Aged Care Facility must be vaccinated against COVID-19. /a>

A person is vaccinated against COVID-19 if the person has received at least two doses of a COVID-19 vaccine approved by the TGA or all dosages of a recognised COVID-19 vaccine in accordance with dosage schedule recommended by ATAGI for that vaccine, and within 4 weeks of becoming eligible in accordance with ATAGI guidelines, receives a third dose (booster) of a TGA approved COVID-19 vaccine.

If you do not meet these requirements, you must not enter or remain on the premises of a Residential Aged Care Facility in South Australia.

This is set out in the Emergency Management (Residential Aged Care Facilities No 45) (COVID-19) Direction 2022, availablehere.

The Emergency Management (Residential Aged Care Facilities No 45) (COVID-19) Direction 2022 came into effect at 12:01am on 29 January 2022, and revokes the Emergency Management (Residential Aged Care Facilities No 44) (COVID-19) Direction 2021.

There is an exemption to the COVID-19 vaccination requirement if the person has a medical certificate or letter from a legally qualified medical practitioner certifying the exemption and the Chief Public Health Officer or her delegate has endorsed the exemption.