Unpaid pandemic leave in awards

On 8 April 2020, the Fair Work Commission (the Commission) made determinations external-icon.png 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 the entitlement to unpaid pandemic leave under Schedule X, with the provisions now ending in most awards from 30 June 2022. The entitlement to take annual leave at half pay hasn’t been extended and will end on 31 December 2021.

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.

Awards with unpaid pandemic leave – new end dates

The table below outline the awards that still have Schedule X as well as its new end date in each award.

30 June 2022