The Premier has asked me to remind Chief Executive Officers of the leave provisions set out in Memorandum 2002-01 in regard to staff affected by bush fire emergencies.

The emergency created by bush fires across New South Wales and Victoria requires special consideration and a more flexible approach to possible problems encountered by those employees who volunteered to assist the emergency services or who are otherwise affected by the bush fires. Chief Executive Officers are asked to support staff who volunteer to assist the emergency services response.

The following arrangements apply to officers, temporary employees and ministerial employees as well as holders of positions in the Senior and Chief Executive Services in organisations covered by Schedule 1, Part 1 of the Public Sector Employment and Management Act 2002.

Chief Executive Officers of other public sector organisations are urged to extend similar concessions to all affected employees in their organisation.

Staff Who Volunteer To Assist Emergency Services

Staff who assist the emergency services are to be granted special leave on full pay for the time 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 authorised representative of the emergency service to which the staff member was attached. Wherever possible, times of attendance should be shown (Section 6-19.8 of the Personnel Handbook refers).

Special leave for rest purposes may be granted prior to 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 services.

Staff Affected By The Bush Fires

Staff who are prevented by the bush fires from reporting for duty or who remain at home to protect their family and/or property from the bush fires, may be granted family and community service leave to cover the period of the emergency. This includes staff who are required to care for their children due to school closures. (Clause 74, Family and Community Services Leave, Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 refers)

Due to the exceptional circumstances Department Heads may extend the affected flexible working hours settlement period by a further 4 weeks. (Clause 21(i) Flexible Working Hours Crown Employees (Public Service Conditions of Employment) Award 2006 refers)

Where an entitlement to family and community service leave is not sufficient to cover the period of absence, additional special leave may be granted at your discretion. The grant of additional special leave is contingent on you being satisfied that the threat to life and/or property was real. If in doubt, staff should be asked to provide confirmation from the local fire authority or the Police. (Section 6-19.2 of the Personnel Handbook refers)

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

John Lee
Director General

Issued: Workforce Policy and Advice (Public Sector Workforce Office)
Contact: Charlie Heuston, A/g Manager Employee Relations Policy and Advice
EMail: [email protected]
Telephone no: (02) 9228 3631 Facsimile: (02) 9228 4056