1.     Employees directly affected by a Declared Natural Disaster

To assist NSW government sector employees and the wider community in circumstances where there is a declared natural disaster, agencies should apply a flexible approach to the provision of leave and flexible working arrangements.

Employees prevented from attending work or who remain at their home to protect their family and/or property, and/or those employees who need to care for children because their care arrangements have been disrupted due to a Declared Natural Disaster may be granted Family and Community Service Leave (FACS leave) to cover the period of the emergency. Clauses 17 and 71 of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (the Conditions Award) provide these entitlements.

Where an employee does not have enough FACS leave to cover the absence, the Department Head may grant up to 5 days additional FACS Leave in accordance with subclause 71.6 of the Conditions Award. Further additional FACS Leave (above the 5 days referred to above) may be granted at the Agency Head’s discretion where the absence is absolutely necessary.

Consideration could also be given to extending the settlement period of flexible working hours arrangements and to accommodating other flexible working arrangements for the duration of the period of the Declared Natural Disaster.

Employees who are not covered by the Conditions Award may be granted additional FACS leave or Special Leave if they have no available FACS leave and require leave due to the impact of the Declared Natural Disaster. Employees should refer to their respective agency for details on other leave which may be available to them.

Where workplaces are not operational due to the impact of the natural disaster, it is the responsibility of the agency to take reasonable steps to provide alternative workplace accommodation or flexible working arrangements for affected employees, where it is safe to do so.

Employees working away from their usual work location who are prevented from returning home due to road closures occurring as a result of the Declared Natural Disaster may be granted Special Leave or time in lieu at the discretion of their agency. Reasonable out-of-pocket expenses may also be reimbursed where appropriate.

2.    Employees volunteering to assist Emergency Services

During a major operational response arising from a Declared Natural Disaster, employees who are volunteer members of Emergency Service organisations, such as the NSW Volunteer Fire Brigade, NSW Rural Fire Services and NSW State Emergency Services, and who volunteer to assist emergency services, may be granted unlimited paid Special Leave for the time that they are absent from their normal employment.

If a volunteer employee remains on emergency duty for several days, Special Leave may be granted to allow reasonable time for recovery before returning to duty. On returning to duty, employees shall provide proof of attendance from an appropriate representative of the Emergency Service where the voluntary emergency duty was undertaken.

3.    Military Leave for Reservists called up to assist in a Declared Natural Disaster

The Governor General, at the request of the Commonwealth Government, may issue a Call-Out Order of Australian Defence Force Reserves.

Agencies are legally obliged to release any employee who receives a Call-Out Order. Employees covered by the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 may be eligible for Military Leave Top-Up Pay for the period of the Call-Out.

4.    Other support for employees affected by a Declared Natural Disaster Emergency

The State Emergency Operations Centre coordinates the response to emergencies in NSW. People in the declared natural disaster area should check the websites listed below for updates and information:

For emergency assistance during a flood or storm:

• State Emergency Service on 132 500 or visit their website www.ses.nsw.gov.au

• For latest weather warnings: Bureau of Meteorology: http://www.bom.gov.au/

• For the latest road closures: www.livetraffic.com.au

• In all life-threatening situations and emergencies, contact Triple Zero (000).

It is important that agencies make employees aware of the counselling and wellness support services available to them through their Employee Assistance Program.

Chris Minns MP

Premier