What do you do when an employee tests positive for COVID-19 or is a close contact, and has to isolate?

MEA’s Employer Advice Team has answered some of the most common and important questions Master Electricians have about COVID leave, disaster payments, and testing.

Q. Can workers who test positive while on annual leave change their leave to sick leave?

A. Yes. Workers who fall ill while on leave can change the type of leave, they are taking. This is not a new initiative to deal with the pandemic but has been law since 2009.

An employer does not need to offer this to workers, but if they ask to change their leave type, they are able to convert it from annual to sick leave.

Q. If a person must isolate after being listed as a close contact, can they access sick leave?

A. No. If they are not sick, with COVID-19 or a different illness, they are not eligible to take sick leave.

Q. Can a worker access carer’s leave if they must isolate but test negative, and are looking after a family member who has tested positive?

A. Yes. Carer’s leave is available for people who must look after a family member who has experienced an unexpected or emergent injury or illness. It can be used if a person is looking after one of their family members who has tested positive.

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Q. Can a person be on sick or annual leave, and access disaster payments?

A. No. You cannot be on any form of work payment to be eligible for disaster payments. But an isolating person may be eligible to take unpaid leave to access disaster payments if they elect to.

Q. What is acceptable evidence to prove a person has COVID-19?

A. A text message confirmation of a positive PCR test, or an image of a positive RAT test, is acceptable evidence that a worker has COVID-19.

It is currently unlikely that a person will be able to get a medical certificate if they have COVID-19 symptoms. This would still be acceptable evidence if they have attended a telehealth service.

Q. Can a business request an employee who has been off with COVID-19 take a rapid antigen test (RAT), or a polymerase chain reaction (PCR) test before allowing them to return to work?

A. This is not a requirement that any government is requiring. If a person has isolated and is no longer showing symptoms (apart from a mild dry cough) they are able to end isolation.

RAT and PCR tests may still return a positive result for this worker, even if they are displaying no symptoms and may return to work.

Q. What can an employer do if an employee refuses to provide evidence of a positive test?

A. This is the same situation as any sick leave. If an employee is asked to provide evidence of illness and refuse to do so, the business can refuse to approve the sick leave. This does not change if this is an RAT or PCR test for COVID-19, or a medical certificate for another illness.

Q. What if an employee refuses to work alongside a colleague who is returning after recovering from COVID-19?

A. If an employee who tested positive to COVID-19 has isolated and showing no symptoms, they are able to return to work. It is a reasonable and lawful direction to ask other workers to work alongside that worker. Unless that person has a valid concern, they can be asked to work with their recovered colleague.

If the employer wishes, they could:

• Separate the two employees or send them to different jobs.
• Provide high-quality face masks to be worn.
• Suggest the worried worker take a period of leave.

Q. Can I stand down apprentices if I do not have enough electricians working due to sickness and isolation?

A. No. Stand downs can only happen under specific circumstances. Not having appropriate supervision for an apprentice is not adequate circumstances for them to be stood down.

If you cannot find appropriate work for the apprentice to conduct, you could discuss them taking leave – but you cannot mandate it. Otherwise, they must still be paid even if they do not have work to do.

Q. If a person who has recently recovered from COVID-19 is exposed do they have to test and isolate?

A. If someone who has recovered within the last month is a close contact of another COVID-19 positive case, they do not need to isolate or get tested, unless symptoms develop. Recent recovery from the virus is currently considered a strong defence against catching it again.

If the person is exposed more than one month after they recovered, they will have to be tested and isolate as per government health orders.

If you need advice around COVID-19 leave, Master Electricians have unlimited access to the MEA Employer Advice hotline. Phone 1300 889 198.