Unpaid pandemic leave and annual leave changes to awards
Published 8 April 2020 | Updated 8 April 2021
Extension of unpaid pandemic leave and annual leave flexibility in some awards
The Fair Work Commission has extended unpaid pandemic leave and annual leave flexibility in some awards until 31 December 2021. It was previously due to end on 29 March 2021.
The extension applies to 9 health awards and 57 other awards. Eligible employees covered by these awards can continue to access 2 weeks’ unpaid pandemic leave and annual leave flexibility.
See our updated information below.
On 8 April 2020, the Fair Work Commission (the Commission) made determinations
varying 99 awards, adding unpaid pandemic leave and annual leave flexibility.
The determinations inserted a temporary new Schedule X into these 99 awards, which provide 2 weeks of unpaid pandemic leave and the ability to take twice as much annual leave at half their normal pay if their employer agreed.
The Commission has extended Schedule X in many awards, with the provisions ending in most awards from 31 December 2021. Check the list below to see if your award is affected.
On this page:
In this section:
Use Find my award if you’re not sure which award applies to you.
Unpaid pandemic leave
Employees who are employed under one of the affected awards can access up to 2 weeks’ unpaid pandemic leave (or more by agreement with their employer) if they're prevented from working:
- as a result of being required to self-isolate by government or medical authorities, or acting on the advice of a medical practitioner, or
- by measures taken by government or medical authorities in response to the pandemic (for example, an enforceable government direction restricting non-essential businesses).
The leave is available in full immediately to full-time, part-time and casual employees – they don’t have to accrue it.
Employees don’t have to use all their paid leave before accessing unpaid pandemic leave.
The leave needs to start before, but can finish after, the date when the unpaid pandemic leave provisions in the relevant award stop applying. Check your award in the table below to see when Schedule X stops operating.
All eligible employees can take the 2 weeks’ leave. It is not pro-rated for employees who don't work full-time.
Unpaid pandemic leave doesn’t affect other paid or unpaid leave entitlements and counts as service for entitlements under awards and the National Employment Standards.
Notice and evidence
An employee has to let their employer know that they’re going to take unpaid pandemic leave and the reason for taking the leave. This has to be done as soon as possible and can be after the leave has started. They should also say how long they'll be off or expect to be off work.
An employer can ask an employee to give evidence that shows why they took the leave.
An employer can't dismiss an employee or take any other adverse action against an employee because the employee is entitled to unpaid pandemic leave. Find out more about protections at work.
Example: Taking unpaid pandemic leave
Gerson is a casual shop assistant employed under the Retail Award. He’s received advice from a doctor that he needs to self-isolate because he was in close contact with a confirmed case.
He calls his employer to let them know his situation.
Gerson's employer discusses the different kinds of leave options he has while he's away from work. After talking about it, Gerson decides he'll take unpaid pandemic leave. On his employer’s request, Gerson emails his employer his medical certificate.
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Annual leave at half pay
Under Schedule X, employees can take their annual leave at half pay, and double their time off work, if their employer agrees. This means an employee can get 1 week of annual leave (including annual leave loading if applicable) for every 2 weeks of annual leave they take.
The agreement has to be in writing and the employer needs to keep it as a record.
The leave needs to start before the date Schedule X stops operating in the relevant award, but can finish after that date.
An employee on leave at half pay accumulates annual leave and sick and carer’s leave as if they were on leave at full pay.
Example: Annual leave at half pay
Leah is an usher at a concert hall employed under the Live Performance Award. Her employer can’t engage all of its ushers, including Leah, because of an enforceable government direction in response to coronavirus that restricts the number of people attending the concert hall.
After talking with her employer about the situation, Leah decides to take some of her annual leave. She currently has 6 weeks of annual leave.
Instead of taking 6 weeks at normal pay, Leah asks her employer if she can take 12 weeks’ annual leave at half pay.
Leah's employer is happy with this and records the agreement in writing.
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Awards with unpaid pandemic leave – new end dates
The tables below outline the awards that still have Schedule X as well as its new end date in each award. If your award isn’t listed here, go to List of awards where unpaid pandemic leave (Schedule X) no longer applies.
30 June 2021
Award |
Schedule X end date |
Live Performance Award |
30 June 2021 |
31 December 2021 – Health awards
Schedule X applies in health awards until 31 December 2021.
Note: Paid pandemic leave stopped applying from 30 March 2021 for employees in residential aged care under the Aged Care Award, the Nurses Award and the Health Services Award. Go to Paid pandemic leave in some awards for more information.
Award |
Schedule X end date |
Aboriginal Community Controlled Health Services Award |
31 December 2021
|
Aged Care Award |
31 December 2021
|
Ambulance and Patient Transport Industry Award |
31 December 2021
|
Health Professionals and Support Services Award |
31 December 2021 |
Medical Practitioners Award |
31 December 2021 |
Nurses Award |
31 December 2021 |
Pharmacy Industry Award |
31 December 2021 |
Social, Community, Home Care and Disability Services Industry Award |
31 December 2021 |
Supported Employment Services Award |
31 December 2021 |
31 December 2021 – Other awards
Award |
Schedule X end date |
Airline Operations - Ground Staff Award |
31 December 2021
|
Airport Award |
31 December 2021 |
Alpine Resorts Award |
31 December 2021
|
Aluminium Industry Award |
31 December 2021
|
Amusement, Events and Recreation Award |
31 December 2021 |
Aquaculture Industry Award |
31 December 2021 |
Architects Award |
31 December 2021 |
Asphalt Industry Award |
31 December 2021 |
Banking, Finance and Insurance Award |
31 December 2021 |
Business Equipment Award |
31 December 2021 |
Car Parking Award |
31 December 2021 |
Cement, Lime and Quarrying Award |
31 December 2021 |
Cemetery Industry Award |
31 December 2021 |
Children's Services Award |
31 December 2021 |
Cleaning Services Award |
31 December 2021 |
Contract Call Centres Award |
31 December 2021 |
Corrections and Detention (Private Sector) Award |
31 December 2021 |
Cotton Ginning Award |
31 December 2021 |
Dry Cleaning and Laundry Industry Award |
31 December 2021 |
Fast Food Industry Award |
31 December 2021 |
Fitness Industry Award |
31 December 2021 |
Food, Beverage and Tobacco Manufacturing Award |
31 December 2021 |
Funeral Industry Award |
31 December 2021 |
Gardening and Landscaping Services Award |
31 December 2021 |
Hair and Beauty Industry Award |
31 December 2021 |
Horse and Greyhound Training Award |
31 December 2021 |
Horticulture Award |
31 December 2021 |
Hospitality Industry (General) Award |
31 December 2021 |
Joinery Award |
31 December 2021 |
Labour Market Assistance Award |
31 December 2021 |
Legal Services Award |
31 December 2021 |
Local Government Industry Award |
31 December 2021 |
Manufacturing and Associated Industries and Occupations Award |
31 December 2021 |
Meat Industry Award |
31 December 2021 |
Nursery Award |
31 December 2021 |
Pastoral Award |
31 December 2021 |
Pest Control Industry Award |
31 December 2021 |
Pharmaceutical Industry Award |
31 December 2021 |
Poultry Processing Award |
31 December 2021 |
Premixed Concrete Award |
31 December 2021 |
Professional Award |
31 December 2021
|
Professional Diving Industry (Recreational) Award |
31 December 2021 |
Racing Clubs Events Award |
31 December 2021 |
Racing Industry Ground Maintenance Award |
31 December 2021 |
Registered and Licensed Clubs Award |
31 December 2021 |
Restaurant Industry Award |
31 December 2021 |
General Retail Industry Award |
31 December 2021 |
Salt Industry Award |
31 December 2021 |
Seafood Processing Award |
31 December 2021 |
Security Services Industry Award |
31 December 2021 |
Silviculture Award |
31 December 2021 |
State Government Agencies Award |
31 December 2021 |
Storage Services and Wholesale Award |
31 December 2021 |
Sugar Industry Award |
31 December 2021 |
Textile, Clothing, Footwear and Associated Industries Award |
31 December 2021 |
Timber Industry Award |
31 December 2021 |
Waste Management Award |
31 December 2021 |
Water Industry Award |
31 December 2021 |
Wine Industry Award |
31 December 2021 |
Wool Storage, Sampling and Testing Award |
31 December 2021 |
To find out which awards used to have Schedule X but don’t any more, and when it stopped applying in those awards, see List of awards where unpaid pandemic leave (Schedule X) no longer applies.
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Western Australia state system
As some businesses in WA are not covered by the national system, the WA Industrial Relations Commission has announced unpaid pandemic leave and annual leave flexibilities for state system employers and employees.
Our Fair Work system page has information about who isn’t covered by the national system.
Visit WA Labour Relations for detailed information for state system employers and employees on employment obligations and entitlements during coronavirus
.
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