ARTICLE · 24 JANUARY 2011

Taking leave after a natural disaster

DLA Piper Australia

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Employers in south-east Queensland may face two significant employment issues arising out of the recent floods: whether to pay staff who are unable to come to work or who wish to attend to their homes or properties affected by the floods; and whether to pay staff who can come to work but whose workplaces are affected by the floods.

AustraliaEmployment and HR

Rick Catanzariti

Contributions to this article also by Ebony Booth, Seasonal Clerk Workplace Relations Employment & Safety

Employers in south-east Queensland may face two significant employment issues arising out of the recent floods: whether to pay staff who are unable to come to work or who wish to attend to their homes or properties affected by the floods; and whether to pay staff who can come to work but whose workplaces are affected by the floods.

Employers need to consider obligations and rights under the employment contract, the Fair Work Act 2009 (Cth) (Act) and any relevant industrial instruments. Generally speaking, employees will be able to take paid annual leave if they wish. However, issues may arise where an employee does not agree to take annual leave.

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