nurses and midwives work

We have watched in horror over the last few months at the devastation caused by bushfires raging throughout this land. Tragically, lives have been lost. A great many have suffered unimaginable distress and anguish, which will undoubtedly leave a mark on them as indelible as that made to the landscape. Some of us know family or friends who have been so touched by this disaster. We help out as families and friends do.

But many of our members have been in the front line resisting the spread of fires or ensuring that the sick, infirmed, the elderly continue to receive the clinical care and support desperately required.  Often this has occurred when they themselves, and their families and homes, have been under direct threat of encroaching fires.

The acts of bravery, persistence and resilience demonstrated by the community, and by our members in spades, have been both breathtaking but also thought provoking. Is this the new normal? Are our systems – whether disaster and emergency management or health systems or support for citizens and employees – sufficient to cope with the breadth and extent of such a catastrophe? As many have noted, current systems in place are largely predicated upon the ‘traditional’ path of disasters: it comes; it wreaks havoc; it passes ‘relatively’ quickly; and then relief and repair move in. Life for most then generally goes back to normal.

No more …

When things do settle, and we start heading into the reconstruction phase, which will take many years to fully complete, questions will need to be asked. Some will be difficult and awkward. It will require a recognition that repeating or relying upon a ‘business as usual’ approach will not be enough. The Association and its members, on behalf of the nursing and midwifery professions and those they care for and support, will need to be near the centre of any such discussion.

My thoughts and admiration goes out to all at this grave start to a new decade.

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Public Health

Provisions relating to employee rights re the current disaster are largely set out in the Public Health System Nurses’ and Midwives’ (State) Award (‘Award’) and PD2019_010 – Leave Matters for the NSW Health Service (‘Manual’).  The following are general observations of some of the more commonly accessed rights, but each situation will turn on their own circumstances and associated events. 

Use of FACS Leave

Clause 32(iv)(b)(4) of the Award makes clear that FACS leave can be accessed “in a case of pressing necessity (e.g. where an employee is unable to attend work because of adverse weather conditions which either prevent attendance or threaten life or property …)”

FACS leave exhausted

Under Section 12.8.2 of the Manual, where an emergency is declared, for example a declared natural disaster, employees directly affected by the emergency, and whose FACS leave is exhausted, may be granted up to five days’ special leave. Granting this leave is however, at the public health organisation’s discretion as to the necessity of the absence.

During this current emergency, a further five days special leave may be granted. 

Use of Personal/Carer’s Leave

Clause 32 B(x) of the Award makes available sick leave to an employee who is required to provide care and support to, for example, a child or partner. 

Leave for volunteers e.g. Rural Fire Service

Under Section 12.8.2 of the Manual, those health employees who are volunteers with a designated organisation and assist in the emergency are to be granted leave with no upper limit to what may be granted. This is in addition to the five days’ paid leave in any period of 12 months made available to such volunteers.

Rest period for returning volunteers

Under Section 12.8.4 of the Manual, an employee who has been on emergency duty for several days may be granted special paid leave to allow them reasonable time for rest before returning to their normal duties, except in situations where their days off coincide with the employee’s normal rostered days off duty. 

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Private  Sector

It is almost impossible to list prescriptively the rights that may be available to members working under federal IR laws. Some entitlements may be available in your award or agreement. So checking your agreement and talking to your employer would be 
a good place to start.

Fair Work Act 2009 (‘FW Act’)

The FW Act provides some basic rights that will apply in the absence of any more beneficial terms in an agreement. 

Personal/carer’s leave under the FW Act

Employees (other than casuals) affected by a natural disaster or emergency may have an entitlement to take paid personal/carer’s leave or compassionate leave. An employee is also eligible for personal/carer’s leave if their child’s school closed due to a natural disaster or emergency.

Employees who have used all of their paid personal/carer’s leave entitlement, and casual employees, are entitled to two days’ unpaid carer’s leave per occasion to provide care and support to a family or household member due to illness, injury or in the event of an unexpected emergency.

Community service leave under the FW Act

Employees who are members of a recognised emergency management body can take unpaid community service leave for certain emergency activities such as dealing with a natural disaster. The amount of time that can be taken is not specified. 

Agreements made under the FW Act

It is essential you check your agreement as some do contain more beneficial rights to assist in these situations. 

Some contain paid natural disaster leave for permanent employees affected directly by declared natural disasters and are unable to attend work. Provisions may also exist to access other forms of leave when disaster leave is exhausted. Other agreements contain various provisions for community service leave when engaged in eligible activity. The Association is aware that some private sector employers are stepping up and providing leave not usually made available.