What are my rights if I get Covid while on annual leave?

Businesses are struggling to stay afloat with many staff taking leave unexpectedly due to Covid. But what are your rights as an employee?

Employers are anticipating a triple whammy of leave requests from workers this year as Covid isolation chews up sick leave, eased travel restrictions encourage holiday bookings, and burnt out Aussies take extra mental health leave.

Staff shortages have been widely reported in workplaces as Omicron works its way through frontline staff, but the issue is expected to continue even after the outbreak has passed its peak.

THE PERFECT STORM

Emma Dawson, business partner at workplace relations advisor Employsure, says staff shortages due to the pandemic are a real concern for employers.

“It is increasingly important for businesses to plan for temporary workforces to offset potential impacts of employees taking annual leave, or (who) are sick due to Covid-19,” she says.

“This may include hiring casual employees, obtaining labour hire workers or engaging contractors to mitigate the risk of operational impacts.”

Merlo Coffee general manager David Holt with barista Kelsey Sorensen, who is putting 500 Queenslanders through free barista training this quarter to help cafes with staff shortages. Picture: Lachie Millard

New research from human resources software company ELMO Software reveals mental health days have also become more frequently used by workers.

In the first quarter of 2021, 12 per cent of surveyed Australians said they had taken a mental health day, and this gradually grew over the year to reach 17 per cent by the final quarter.

ELMO chief executive and founder Danny Lessem says Australian workers are feeling increasingly burnt out.

“Unfortunately, this burnout is coinciding with skills shortages and Covid-19 supply chain issues that mean workers who manage to avoid having to isolate are being loaded up with more work,” he says.

“This will be a big concern for employers as 2022 gets underway and they try to manage their existing workforce.”

But as employers struggle to keep businesses running smoothly, it’s important for workers to understand their rights and obligations.

ELMO Software’s Danny Lessem says burn out has coincided with skill shortages to create a big concern for businesses. Picture: Supplied

WHAT IF I GET COVID ON HOLIDAYS?

Workers who contract Covid, or become sick in any way, while taking annual leave, can turn their annual leave into sick leave (personal leave) and save their holidays for another time.

Dawson says an employer may ask for evidence, such as a medical certificate or statutory declaration.

“An employer may, within reason, reject (an employee’s) request for paid personal or carer’s leave while they are on annual leave if the employee does not comply with notice or evidence requirements,” she says.

“This, for example, may include where an employer’s policy requires the employee to call before a shift commences if they are not fit for work.”

CAN MY BOSS TELL ME WHEN TO TAKE HOLIDAYS?

Dawson says employers are “quite limited” on when they can direct an employee to take leave without their consent.

“This will largely depend on the award or enterprise agreement covering the employee,” she says.

“If the employee is award or enterprise agreement free, the employer can direct an employee to take annual leave without their agreement, but only if the requirement is reasonable – for example during a shut down or if an employee has excessive leave.

The hospitality sector has been hit hard by Covid. Picture: Lachie Millard

“If the employee is covered by an award or enterprise agreement, they can only direct the employee if the award or enterprise agreement contains terms allowing the business to do so.”

Still, Dawson says employers can set rules about when they will approve or reject an employee’s request for annual leave – within reason.

“This may include during peak periods, if other employees are already on leave, or if the leave could cause significant impacts on the operations of the business,” she says.

“The business can also require an employee to provide minimum notice before taking annual leave.”

If your boss rejects your application for paid annual leave to take a holiday, you can ask for unpaid leave but granting this will still be at the employer’s discretion.

“The employee does not have a legislative entitlement to unpaid holidays,” Dawson says.

“(However,) if an employee is casual, they have the right to refuse shifts at any time.”

‘PEOPLE ARE JUST NOT SHOWING UP’

Merlo Coffee is doing its part to address staff shortages in the cafe sector, with plans to double its coffee training department and skill up hundreds of aspiring baristas for free.

General manager David Holt says training and growing skilled staff is Merlo’s big strategic focus this year.

“There is a large (staff shortage) due to sick leave and Covid isolation, massive banks of annual leave with people not being able to take holidays, and with mental health as well,” he says.

Holt says skilled staff – such as chefs and baristas – are in particular demand from hospitality employers, some of which are “over-forecasting” their required headcounts in anticipation of employees taking extra leave this year.

“People are just not showing up to shifts or calling in sick so there is a need for surplus (staff) at the moment,” he says.

To help address barista shortages, Merlo is aiming to train up 500 Queenslanders at no cost by the end of March.

The Coffee Foundations course takes two hours and usually costs $150. For more information, contact Merlo Coffee on 1800 637 567 or your local cafe.

Originally published as What are my rights if I get Covid while on annual leave?