The devastating scale of bushfires in Australia would have been even more devastating if not for the country’s tens of thousands of heroic volunteer firefighters.
The volunteer fire brigades were so overwhelmed in the bushfire season, that the Federal Government earlier had to announce the mobilisation of up to 3,000 army reservists to assist with the disaster response.
The bushfire season had a massive impact on business, and it is important that business owners know their obligations and responsibilities to stay prepared. To help ease the impact, this guide answers common queries regarding employer obligations, volunteer leave, and the big question: do volunteer firefighters get paid in australia while away from work?
Common questions employers may have
Do I have to release employees who are volunteer firefighters?
Employers are not obligated to offer paid volunteer leave australia wide under normal circumstances, unless a specific volunteer leave policy has been provided for by a relevant Modern Award or enterprise agreement.
Some businesses offer paid leave to their employees. Servants of the Federal Government may also access paid leave if they volunteer with volunteer fire brigades.
However, under the National Employment Standards, employees are entitled to unpaid community service leave for emergency events, meaning can a volunteer firefighter leave work depends on the legitimacy of the emergency response.
What is community service leave?
If one of your employees needs time off for firefighting, or helping with some other emergency or natural disaster, you may give them unpaid community service leave. There is no limit on how much community service leave someone takes, as long as it is eligible and reasonable.
The period of community service leave includes travel to the activity, time spent doing it, and time for reasonable rest and recovery afterwards. Community service leave does not accrue because it only occurs in specific and eligible situations.
There is no limit on how much community service leave someone takes, as long as it is eligible and reasonable.
Employees must give their employer reasonable notice, and an expected period of absence if they request community service leave. Employers may also request evidence that they are entitled to community service leave.
Can I give any employee volunteer firefighters annual leave or pay them in part or full while they are away firefighting?
Yes you may grant annual leave if you and your employee agree. You may also choose to pay your employee in part or in full during a period of unpaid community service leave.
As above, employees are entitled to unpaid community service leave. Unless your modern award or enterprise bargaining agreement (if applicable) says otherwise, you are not obliged to pay your employees while they are away.
** What is the reservist leave meaning if an employee is an army reserve firefighter?
If the absence is going to cause a significant impact on your business, you can speak to the unit point of contact to discuss your concerns. In exceptional circumstances, you may be able to seek exemption for your employee through their unit. A reservist must provide their employer with a form (supplied by the Army Reserve) when called out for service.
Am I obliged to pay my employee who has been called out by the Army reserve?
No you are not, unless otherwise specified in the relevant Modern Award or enterprise bargaining agreement.
Will I be compensated for releasing my employee?
The Army Reserve operates a scheme called the Employer Support Payment Scheme. The Scheme provides financial assistance to eligible employers of army reservists at a minimum rate based on the Full-Time Adult Average Weekly Ordinary Time Earnings.
The Scheme also covers for self-employed army reservists.
Anti-Discrimination
Volunteer firefighters who take community service leave, and army reservists who are called out, are both protected from adverse action under the Fair Work Act 2009.That is, employees who are members of a volunteer firefighting unit or the Army Reserve may not be discriminated against for their absence or association with such organisations.Army reservists have further protections under the Defence Reserve Service (Protection) Act 2001. For example, an employer may not compel an employee to take any type of paid or unpaid leave during their period of service.
Helping the community
If you wish to help those affected by the bushfires, you can donate to the Red Cross, Salvation Army and St Vincent de Paul.
To assist volunteer firefighters in NSW and Victoria, the hardest hit states, you can donate to their respective rural fire services. The NSW RFS also has set up a donations page to support the families of firefighters killed during the bushfire season.
Wires, Wildlife Victoria, the RSPCA and the World Wildlife Fund also have launched appeals to support the rehabilitation of animals affected by the fires.
Grow your business with Peninsula
Peninsula is one of Australia’s leading workplace relations specialists, and we can assist in understanding your employee’s rights and entitlements. Call us today on 1300 761 935.