Employees are entitled to 12 months of unpaid parental leave when a child is born or adopted. An additional 12 months leave can be requested. Types of maternity and parental leave as well as employee eligibility can be found on the Fair Work Australia website here
The Miscellaneous Award recently incurred a temporary schedule amendment due to the Covid 19 pandemic. The schedule provides employees with two weeks unpaid pandemic leave and the ability to take twice as much accrued leave at half pay.
As most Australian states are discussing stage 3 lockdowns, we understand these are quite concerning, if not terrifying realities to our communities. Each state and territory managing their individual regions, please refer to the latest public health orders to your area. At this stage, the NSW and Victorian governments have released what this would look like and those who need to travel to care for children are still classified as essential services. Please see the links below and the advice your region.
Information being delivered from Federal Government to assist small and medium business in maintaining their staff during the Covid-19 health crisis is evolving quickly. We have been watching these announcements closely to keep you, as employers, as up to date as possible with additional funding you may be able to access in order to maintain your nannies employment. As communicated last week, a temporary cash flow supplement will be released automatically to businesses whose withhold tax activity remains active until September 2020. This supplement will automatically be applied as a credit on your activity statements until September 2020. See the link below.
This is an extremely difficult time for all employers and employees. Nannies and au pairs are (except for WA) covered by the Miscellaneous Award and are entitled to all the associated benefits around leave and termination.
The Fair Work Ombudsman has a very comprehensive list of alternate scenarios that may be occurring due to the health crisis created by COVID-19.
Please refer to their website https://coronavirus.fairwork.gov.au/
The Federal Court of Australia on 16 August 2018, ruling has granted a terminated casual worker annual leave entitlements.
The Court found a truck driver employed under a labour hire arrangement as a casual, was not a casual under employment law, because of his regular and continuous pattern of work over the 2.5 years of employment and as such should have been entitled to annual leave entitlements.
Further information can be found AMMA website