Can employees access entitlements when they are unable to attend work due to a flood? 

Personal/carer’s leave
If an employee is injured during the flood, they can use their accrued paid personal/carer’s leave (sick leave).

Employees may use their accrued paid personal/carer’s leave if they are required to provide care or support to a family member due to an unexpected emergency (carer’s leave). Employees may also access paid carer’s leave if they have to care for children for instance whose school is closed due to the flood.

If accrued personal/carer’s leave is exhausted employees can take 2 days’ unpaid carer’s leave.

Casual employees can take 2 days unpaid carer’s leave if they are required to provide care or support to a family member due to an unexpected emergency or if they have to care for children whose school is closed due to the flood.

Community service leave
Employees who are members of a recognised emergency management body can take unpaid leave
to perform voluntary emergency management activities which includes floods.

My employees cannot get to the workplace do I have to pay them?

No, but you could allow them to take accrued annual leave or long service leave if they wish to.

What if I do not have any work due to the floods?

The Fair Work Act 2009 (FW Act) allows employers to stand down employees during a period when the employee cannot be usefully employed. This includes where the employer cannot be reasonably held responsible for a stoppage of work. Employers are not required to make payments to an employee for the period of a stand down but can offer to pay them accrued annual leave or accrued long service leave.

Can employees can be asked to help with clean up?

Yes, provided you have undertaken a risk assessment under work health and safety guidelines and provided the employee is fit and able to perform the required tasks and it is safe to do so.

For more detailed information, read Employment entitlements during natural disasters and emergencies (Fair Work Ombudsman)