Fair Work Commission offers “provisional” support for aged care pandemic leave

The Fair Work Commission has announced “provisional” support for paid pandemic leave, saying recent growth in cases and deaths in aged care homes has justified the decision.

There are now 383 active cases and 40 deaths in Victoria linked to aged care homes.

Of the confirmed cases, at least 93 are believed to be staff.

The Commission’s full bench said on Wednesday that the “significant change in circumstances” justifies granting a paid pandemic leave provision in the aged care award for three months.

The provision would give employees to up to two weeks’ paid leave every time they are required to self-isolate because they show symptoms of COVID-19 or have come into contact with a person suspected of having contracted COVID-19.

“We consider that the ‘elevated risk’ that is discussed in our earlier decision has clearly manifested itself in the aged care industry, at least in Victoria,” it said.

The Commission also said the entitlements should be extended to casual employees given the “existence of a demonstrated threat to the aged care system in Victoria”.

The full bench had previously declined to grant the paid pandemic leave bid by unions on July 8.

However, before they make a decision, the Commission will look at Victoria’s one-off $1,500 payment to workers who have been instructed to self-isolate or quarantine but cannot rely on sick leave to determine if it could be an acceptable substitute.