The emergency created by the storms and flooding over recent days require a more flexible approach to problems encountered by employees and for those who volunteer to assist emergency service agencies.

Chief Executives are encouraged to be flexible in the application of the provisions set out in this Circular.  The provisions apply to staff members (as defined in the Public Sector Employment and Management Act 2002 (PSEMA)), ministerial staff (that is, special temporary employees), as well as members of the Senior and Chief Executive Services, in organisations set out in Schedule 1 Part 1 of the PSEMA.  Chief Executives of other public sector agencies are urged to extend similar concessions to all affected staff in their organisations.

1. Staff directly affected by the storm and flooding

Staff who are prevented by the storms and flooding from reporting for duty, including where staff are required to care for children whose school is affected because of the natural disaster, may be granted Family and Community Service Leave (FACS) to cover the period of the emergency.  Clauses 17 and 74 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 (the Conditions Award) sets out the relevant entitlements.

Where the amount of available FACS leave is not sufficient to cover the period of the absence, additional special leave may be granted at your discretion.  The grant of additional special leave is contingent on you being satisfied that the additional absence is absolutely necessary.  If in doubt, staff should be asked to provide confirmation from local authorities, or where the school is affected, from the school.

Due to the exceptional circumstances, you should also consider extending the settlement period of the flexible working hours arrangement for an additional 4 weeks (see clause 21(i) of the Conditions Award).

Staff who were performing duty away from their headquarters or usual work location and could not return home due to road closures may be granted special leave or time in lieu, at your discretion.  Where appropriate, reasonable out-of-pocket expenses may be reimbursed.

2. Staff who Volunteer to assist Emergency Services

Staff who assist emergency services are to be granted special leave on full pay for the time that they are absent from duty.  There is no limit on the special leave that may be granted in such circumstances.  On resumption of duty such staff should provide proof of attendance certified by an appropriate representative of the emergency service to which the staff member was attached.  Where possible, time of attendance should be shown (refer to section 6-19.8 of the Personnel Handbook).

Special leave for rest purposes may be granted prior to the resumption of duty.  The duration of the rest period is to be determined locally and would be expected to be reasonable.  No overtime payments apply in respect of any time spent assisting the emergency service, except where the staff member is an employee of that emergency service and the appropriate industrial instrument provides for payment of overtime.

If you require any additional information on the provisions set out in this Circular, please contact the relevant client contact officer within the Public Employment Office.

Robyn Kruk
Director General

Issued : Public Employment Office
Contact: Cathryn Hellams
EMail: [email protected]
Telephone no: (02) 9228 3531    Facsimile:    (02) 9228 4056
File no: PSM/05388