26 Mar HR LAW NEWS ALERT – COVID – 19

STAGE 2 COVID-19 RESTRICTIONS – WHAT IS BANNED AND RESTRICTED?

Given the overwhelming amount of news that has been posted regarding the stage 2 restrictions enforced by the Government to try prevent the spread of COVID-19, there seems to be lots of confusion as to what is actually banned and/or restricted.  The table below sets out a summary of the current Federal Government restrictions in place and provides a list of places that are currently banned.

Please note that in addition to these rules, the social distancing (one person per 4 sqm indoors and 1.5 metre distance between people) measures must also be adhered to.  You should also bear in mind that each State and Territory has also imposed restrictions which must be followed.

If you are unsure whether your business is impacted by the restrictions imposed by either the Federal Government or the State or Territory Government, please contact our office.

Banned

• International travel
• Gyms and health clubs
• Places of Worship
• Bars
• Cafes and Restaurants (take away only)
• Nightclubs
• Outdoor and indoor markets (subject to exclusions by each state/territory)
• Cinemas
• Casinos
• Dine in food courts
• Amusement parks and arcades
• Community halls/RSLs/PCYCs
• Auctions rooms
• Real estate auctions and open homes (excluding private inspections)
• Massage parlours
• Swimming pools
• Beauty salons (waxing, tanning, nails etc.)
• Tattoo Parlours
• Wellness centres
• Libraries
• Art Galleries and museums
• Stadiums and concerts
• Non-elective Category 1 surgery

Restricted

• Weddings – maximum of five people
• Funerals – 10 people (unless exemptions are granted)
• Outdoor gym sessions – 10 people
• Barbers/Hairdressers – one person per four sqm (time restrictions removed)
• Domestic Travel
• Category 1 or Category 2 elective surgery

SCHOOL CLOSURES – ARE EMPLOYEES ENTITLED TO CARER’S LEAVE?

Employees can take paid carer’s leave if they are required to care or support their child because the child is suffering a personal illness or unexpected emergency.  The term unexpected emergency is a broad term and may extend to circumstances where an employee has to take time off to care for their child because a childcare centre or school closes on short notice or where there is otherwise an enforceable government direction to keep children at home, then they will be entitled to take carer’s leave.

If however, the child’s school or childcare centre remains open and the employee chooses to keep their child at home, then the employee would not be able to take carer’s leave and would be required to take annual leave.  Employers may however exercise their own discretion in these circumstances and may reach an agreement with each individual employee as to whether paid annual leave or carer’s leave is taken.

For more advice on how to manage employees who have to take time off to care for their children during the COVID-19 pandemic, please contact our office.

* Please note that the information contained in this news alert is based on information available at the time. We strongly suggest that you keep up to date with news issued by Government officials as advice issued is changing on a regular basis.