Natural Disaster Entitlements

Floods, bushfires and other emergencies can affect dairy farms and the people on them. During a disaster, employees may need time off to care for family and property, or to assist with relief. Employers need to balance staffing needs with employee wellbeing.

Leave to care for themselves or family

Personal/carer's leave. Under the National Employment Standards, non-casual employees affected by a disaster can take paid personal/carer's leave, including when a child's school closes. If paid leave is exhausted, or for casual employees, up to two days of unpaid carer's leave is available per occasion to care for a family or household member.

Compassionate leave. All employees, including casuals, are entitled to two days of compassionate leave when an immediate family or household member has a life-threatening illness or injury, or after a death. Non-casual employees are paid for this leave.

An employee must give notice of taking leave, and the employer can ask for reasonable evidence, such as a medical certificate or proof of school closure.

Leave to assist with disaster relief

The National Employment Standards provide unpaid community service leave for employees who take part in a voluntary emergency management activity — for example with the CFA or SES. Employees must notify the employer as soon as possible, with the expected length of absence, and the employer can ask for reasonable evidence.

All four criteria must be met:

  1. the activity is a response to an emergency or natural disaster,
  2. participation is voluntary,
  3. the employee is a member of, or closely associated with, a recognised emergency management body, and
  4. the employee was asked to take part, or it is reasonable to assume a request would have been made.
Tip

If a disaster stops work and employees cannot usefully be employed, stand-down provisions under the Fair Work Act may apply. Seek advice before standing employees down, and see the Fair Work Ombudsman for the rules.

Where to get support

For recovery assistance, see the Australian Government's Disaster Assist site, or contact your state or territory emergency service. If you or someone on the farm is struggling, Lifeline provides 24-hour crisis support on 13 11 14.

Common questions

What leave can employees take during a natural disaster?

Non-casual employees can take paid personal/carer's or compassionate leave. Casuals, or employees who have used their paid leave, can take up to two days of unpaid carer's leave per occasion. Compassionate leave of two days is available to all employees.

Is community service leave for emergency volunteering paid?

No. Community service leave for voluntary emergency management (such as CFA or SES work) is unpaid under the National Employment Standards. The employee must notify the employer and may be asked for reasonable evidence.

Where can a dairy farm get help after a natural disaster?

The Australian Government's Disaster Assist website lists recovery assistance, and state and territory emergency services provide local support. Lifeline offers 24-hour crisis support on 13 11 14.