Unpaid pandemic leave & annual leave changes to awards
Unpaid pandemic leave and annual leave flexibility added to construction industry awards
The Fair Work Commission has inserted temporary Schedule X into the Building and Construction Award, Joinery Award and Mobile Crane Award.
Schedule X allows eligible employees under these awards to access 2 weeks’ unpaid pandemic leave and annual leave flexibility. It applies from the first pay period on or after 11 August 2020 until 30 September 2020.
We’ve updated the information on this page as a result.
Extension of unpaid pandemic leave in some awards
The Fair Work Commission has extended unpaid pandemic leave in some awards. There are different end dates for Schedule X (which has the unpaid pandemic leave provisions) in each award.
We’ve updated this page to reflect the changes.
Published 8 April 2020 | Updated 12 August 2020
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 provided 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 now extended Schedule X in many awards. There are different end dates for the extended unpaid pandemic leave and annual leave provisions in each award.
We’ve updated this page with the new end dates for each award.
Read more about:
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 that Schedule X no longer applies to.
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. If Schedule X doesn’t have a set end date in an award, the leave needs to start before 29 October 2020. 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.
JobKeeper wage subsidy and unpaid pandemic leave
An employee receiving JobKeeper payments from their employer can still take unpaid pandemic leave under their award at the same time as receiving the JobKeeper payment.
For more information about the JobKeeper wage subsidy scheme, see JobKeeper wage subsidy scheme.
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Annual leave at half pay
JobKeeper changes to the Fair Work Act – annual leave
Employers in the JobKeeper scheme can agree with an employee to take annual leave at half their usual pay for twice the length of time.
These provisions are separate to the Schedule X provisions which operate in some awards.
For more information see JobKeeper wage subsidy scheme 
.
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. If Schedule X doesn’t have a set end date in an award, the leave needs to start before 29 October 2020.
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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Further award flexibility during coronavirus
The Commission recently varied some awards to provide flexibility during the coronavirus outbreak. Find out more:
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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 Schedule X has stopped applying.
30 September 2020
Note: Schedule X was reinserted into the Manufacturing Award and Graphic Arts Award after it expired on 30 June 2020. The reinserted Schedule X operates from the first pay period that starts on or after 27 July 2020 until 30 September 2020.
| Award |
Schedule X end date |
| Airline Operations - Ground Staff Award |
30 September 2020 |
| Airport Employees Award |
30 September 2020
|
| Alpine Resorts Award |
30 September 2020
|
| Aluminium Industry Award |
30 September 2020
|
| Amusement, Events and Recreation Award |
30 September 2020
|
| Animal Care and Veterinary Services Award |
30 September 2020
|
| Aquaculture Industry Award |
30 September 2020
|
| Architects Award |
30 September 2020
|
| Asphalt Industry Award |
30 September 2020
|
| Banking, Finance and Insurance Award |
30 September 2020
|
| Broadcasting, Recorded Entertainment and Cinemas Award |
30 September 2020
|
| Building and Construction Award |
30 September 2020
|
| Business Equipment Award |
30 September 2020
|
| Car Parking Award |
30 September 2020
|
| Cement, Lime and Quarrying Award |
30 September 2020
|
| Cemetery Industry Award |
30 September 2020
|
| Children's Services Award |
30 September 2020
|
| Cleaning Services Award |
30 September 2020
|
| Commercial Sales Award |
30 September 2020
|
| Contract Call Centres Award |
30 September 2020
|
| Corrections and Detention (Private Sector) Award |
30 September 2020
|
| Cotton Ginning Award |
30 September 2020
|
| Dry Cleaning and Laundry Industry Award |
30 September 2020
|
| Educational Services (Post-Secondary Education) Award |
30 September 2020
|
| Fast Food Industry Award |
30 September 2020 |
| Fitness Industry Award |
30 September 2020 |
| Food, Beverage and Tobacco Manufacturing Award |
30 September 2020
|
| Funeral Industry Award |
30 September 2020
|
| Gardening and Landscaping Services Award |
30 September 2020
|
| Graphic Arts, Printing and Publishing Award |
30 September 2020 (reinserted after it expired on 30 June 2020 – reinserted Schedule X operates from the first pay period on or after 27 July 2020 until 30 September 2020)
|
| Hair and Beauty Industry Award |
30 September 2020 |
| Higher Education Industry – General Staff – Award |
30 September 2020
|
| Horse and Greyhound Training Award |
30 September 2020
|
| Hospitality Industry (General) Award |
30 September 2020 |
| Horticulture Award |
30 September 2020
|
| Joinery Award |
30 September 2020
|
| Journalists Published Media Award |
30 September 2020
|
| Labour Market Assistance Award |
30 September 2020
|
| Legal Services Award |
30 September 2020
|
| Local Government Industry Award |
30 September 2020
|
| Manufacturing and Associated Industries and Occupations Award |
30 September 2020 (reinserted after it expired on 30 June 2020 – reinserted Schedule X operates from the first pay period on or after 27 July 2020 until 30 September 2020) |
| Meat Industry Award |
30 September 2020
|
| Miscellaneous Award |
30 September 2020 |
| Mobile Crane Award |
30 September 2020 |
| Nursery Award |
30 September 2020
|
| Pastoral Award |
30 September 2020
|
| Pest Control Industry Award |
30 September 2020
|
| Pharmaceutical Industry Award |
30 September 2020
|
| Poultry Processing Award |
30 September 2020
|
| Premixed Concrete Award |
30 September 2020
|
| Professional Diving Industry (Recreational) Award |
30 September 2020
|
| Professional Employees Award |
30 September 2020
|
| Racing Clubs Events Award |
30 September 2020
|
| Racing Industry Ground Maintenance Award |
30 September 2020
|
| Rail Industry Award |
30 September 2020
|
| Registered and Licensed Clubs Award |
30 September 2020
|
| Restaurant Industry Award |
30 September 2020
|
| General Retail Industry Award |
30 September 2020 |
| Salt Industry Award |
30 September 2020
|
| Seafood Processing Award |
30 September 2020
|
| Security Services Industry Award |
30 September 2020
|
| Silviculture Award |
30 September 2020
|
| State Government Agencies Award |
30 September 2020
|
| Storage Services and Wholesale Award |
30 September 2020 |
| Sugar Industry Award |
30 September 2020
|
| Textile, Clothing, Footwear and Associated Industries Award |
30 September 2020
|
| Timber Industry Award |
30 September 2020
|
| Vehicle Repair, Service and Retail Award |
30 September 2020
|
| Waste Management Award |
30 September 2020
|
| Water Industry Award |
30 September 2020
|
| Wine Industry Award |
30 September 2020
|
| Wool Storage, Sampling and Testing Award |
30 September 2020
|
31 December 2020
| Award |
Schedule X end date |
| Air Pilots Award |
31 December 2020 |
30 June 2021
| Award |
Schedule X end date |
| Live Performance Award |
30 June 2021 |
Until further order of the Fair Work Commission
Schedule X will continue to apply in these awards until a further order is issued by the Fair Work Commission, which may include a decision in the proceedings AM2020/13: Health sector awards – pandemic leave .
Any leave taken under Schedule X under these awards needs to start by 29 October 2020.
Note: Under the Aged Care Award, the Nurses Award and the Health Services Award, employees in residential aged care may be entitled to paid pandemic leave in some circumstances. Go to Paid pandemic leave in some awards for more information.
| Award |
Schedule X end date |
| Aboriginal Community Controlled Health Services Award |
Until further order of the Commission
|
| Aged Care Award |
Until further order of the Commission
|
| Ambulance and Patient Transport Industry Award |
Until further order of the Commission
|
| Health Professionals and Support Services Award |
Until further order of the Commission |
| Medical Practitioners Award |
Until further order of the Commission |
| Nurses Award |
Until further order of the Commission |
| Pharmacy Industry Award |
Until further order of the Commission |
| Social, Community, Home Care and Disability Services Industry Award |
Until further order of the Commission |
| Supported Employment Services Award |
Until further order of the Commission |
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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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