Employees who are or were unable to attend work as a result of the storms and subsequent flooding which affected parts of northern NSW during January 2008 require a more flexible approach to their absence. The flexibility provided in this circular should be granted to employees who were affected by the storms, and for those who volunteered to assist emergency service agencies.

Chief Executives are encouraged to be flexible in applying these provisions. 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 flexibility to all affected employees in their organisations.

1. Employees directly affected by the floods

Employees prevented by the floods from attending work, including those employees who were unable to return to work following holiday leave as a result of road closures and disruptions to transport services, or those who needed to care for children whose vacation care was affected because of the floods, 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 these entitlements.

Where there is insufficient FACS leave to cover the absence, additional special leave may be granted at your discretion. The grant of additional special leave is limited to an additional 5 days and is based on the additional absence being absolutely necessary. If in doubt, employees should provide confirmation from local authorities or from the vacation care centre if it is affected.

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).

Employees working away from their headquarters or their usual work location who could not return home due to any road closures may be granted special leave or time in lieu at your discretion. Reasonable out-of-pocket expenses may also be reimbursed where appropriate.

2. Employees who volunteer to assist emergency services

Employees who assist emergency services are 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 these circumstances. On returning to duty employees should provide proof of attendance certified by an appropriate representative of the emergency service assisted. Where possible, time of attendance should be shown (refer to section 6-19.8 of the Personnel Handbook).

Special leave for rest purposes may also be granted to an employee returning to duty. The duration of the rest period is to be determined locally and would be expected to be reasonable. Overtime payments only apply where the employee was employed by the emergency service and the industrial instrument provides for payment of overtime.

If you require any additional information on the provisions provided in this Circular, please contact the relevant client contact officer within the Public Sector Workforce Office.

(signed)

Graeme Head
A/Director General

This circular has not superseded any other Memorandum/Circular