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Recently, the Department of Health updated their guidance on the provision of special leave to health workers in Victoria. This applies to Ambulance Victoria employees, but private employers are encouraged to follow the same advice.

Where an employee becomes sick while at work

Where an employee becomes sick at work after exposure to a person infected with COVID-19 that employee should absent themselves from work. Alternatively, an employer may direct that employee to absent themselves from work. Access to paid and unpaid leave will be in accordance with the advice set out above.

An employee who contracts COVID-19 through their work can exercise their rights to make a WorkCover claim.

Close contacts: where the employee is required to quarantine/self-isolate

Current isolation protocols provide that close contacts who are vaccinated, in line with current vaccination requirements, need to quarantine for 7 days. To be released, they will need to return negative test results from a test taken on day 6 of their quarantine.

A Public Health Order dated 12 January 2022 provides an exemption for close contacts from 7-day quarantine for healthcare workers in hospitals, as well as workers engaged to provide ambulance, paramedic and medical retrieval services who are working in connection with a hospital. This exemption only applies to attending the workplace, and healthcare workers must otherwise continue to quarantine while not working.

Healthcare workers are able to return to work when they are ‘close contacts’ of a confirmed (positive PCR result) or probable (positive RAT) COVID-19 case provided that they feel well, are symptom-free, and return negative rapid antigen tests prior to their shift.

The employer and employee may consider ‘working from home’ arrangements for some or all of the isolation period where it is reasonable, practical and appropriate.

Staff who do not wish to attend work under the exemption (or staff not covered by the exemption), can access special leave for the 7-day quarantine period where it is agreed that working from home is not reasonable, practical or appropriate.

An employee who is unwell following the 7-day period but does not have COVID-19, should access available personal leave. Where the employee has exhausted their personal leave and other paid leave entitlements, access to paid special leave may be considered on a case-by-case basis. Employees can only be directed to take annual leave in very limited circumstances, which usually would not apply in the case of illness. Employers should have regard to the terms of the applicable enterprise agreement or award. Where an employer imposes a quarantine period more than 7 days, special leave should be granted for the additional days unless there are extenuating circumstances to disallow.

Paid Special Leave will not be granted for isolation upon return to Australia from any non-work-related overseas travel.

Where the employee is a carer for an affected family/household member

As identified above, special leave is available to employees on each occasion the 7-day quarantine period for close contacts applies.

If an employee needs to care for a household contact that has COVID-19 following the 7- day quarantine period, they should access available carer’s leave on each occasion that they are required to isolate.

The employer and employee may also consider ‘working from home’ arrangements for some or all of the relevant period where practical and appropriate.

As this process is in effect from 1 January 2022, the VAU has been advised by DHS members can make a retrospective claim if they have used their personal leave in the circumstances above from 1 January 2022.

In Solidarity,