One of our employees is a member of the SES and the CFA, he has asked whether he can take paid leave if he is called out to assist with a fire during this summer season. Are we required to let him have the time off to undertake these voluntary duties, and do we have to pay him?
When your employee undertakes a ‘voluntary emergency management activity’ for a recognised emergency management body they will be able to access ‘community services leave’ (commonly referred to as ‘emergency services leave’) under the National Employment Standards (NES).
The most common examples of a recognised emergency management body are the State Emergency Service (SES), Country Fire Authority (CFA) or the Regional Fire Service (RFS).
A ‘Voluntary emergency management activity’ is defined as an activity that involves dealing with an emergency or natural disaster on a voluntary basis in association with a recognised emergency management body, such as a fire fighting, civil defence or rescue body.
An employee taking part in avoluntary emergency management activity must be a member of a recognised emergency management body. There must also be an actual emergency and they must be asked by the body to assist, or, it would be likely that they would be asked if the circumstances permitted it. Time off work to attend training is not covered.
In this case, as your employee is a member of the CFA then if they were required to attend a fire then this would be deemed a ‘voluntary emergency management activity’.
Under the NES, there is no obligation on the employer to pay for the period of community services leave. However, it is also important to know that depending which state you are it, a state or a territory law may require an employer to pay an employee when absent on an emergency service activity (i.e. payment is required under QLD and WA legislation).
You should also check to see if there is a company policy or enterprise agreement that provides for payment for such leave.
An employee’s period of service continues unbroken during a period of community services leave, so other entitlements such as annual leave and personal/carer’s leave continue to accrue.
Although there may be no obligation to pay an employee accessing emergency services leave, the employee may wish to access other paid leave entitlements such as annual leave and long service leave to cover the period. This will enable the employee to not have to worry about a reduction in their weekly pay at a time when they are providing a valuable service to the local community.
Your employee should inform you as soon as practicable (which may be after the absence has started), and must advise you of the length of the period or expected length of their absence. You can also require the employee to provide evidence that would satisfy a reasonable person that they have been or will be engaged in emergency service activities.
Such evidence could be a letter which evidences their membership with the recognised emergency services body, or proof of attendance at the emergency.
It is a good practice to implement a policy which sets out the availability of emergency services leave. The policy should clearly set out:
For further information on State or Territory laws regarding payment for emergency services leave, what constitutes a voluntary emergency management activity or community services leave in general please contact us or call the Ai Group Workplace Advice Line on 1300 55 66 77.
