With the Victorian Government announcing the removal of isolation requirements for most industries, it has created some confusion in the real estate industry regarding what our obligations are as employers if an employee has COVID-19. We try to shed some light on this in this article.
What are the current isolation requirements?
From 11.59 pm on Wednesday 12 October 2022, Victorians are no longer required to isolate after testing positive for COVID-19. This change was agreed to by all states and territories at National Cabinet, so the isolation requirements will no longer apply in all jurisdictions. However, isolation is still recommended after testing positive for COVID-19 and employers are encouraged to support the isolation of their employees.
Both employers and employees continue to have obligations and powers under Occupational/Work Health and Safety (WHS) legislation which enables employers to determine the most appropriate measures to protect their workplace against COVID-19. This can include mandating vaccinations under a policy or imposing a policy that requires individuals who are symptomatic to remain at home and ensure that they are asymptomatic and have tested for COVID-19 before returning to the workplace.
Employers and employees are encouraged to continue working together to find solutions that best suit their workplace and circumstances when dealing with COVID-19. This may include exploring alternative work arrangements, such as working from home where possible.
As some roles cannot be done from home, employers may be able to direct an employee not to attend the workplace when they’re sick. If this happens, the employee isn’t entitled to be paid unless they take paid sick leave or some other type of paid leave (annual leave or unpaid leave).