Victoria Legal Aid

COVID-19 and being unable to work

Learn about your rights if you are unable to work because of the COVID-19 coronavirus.

If you are unable to work because of COVID-19 coronavirus, there are four things you need to know:

  • you may be able to work from home if you are self-isolating or caring for someone who is sick
  • you may be paid while you are self-isolating or caring for someone else
  • whether you can work from home or be paid depends on your situation
  • if you are not sure about your rights, you can get legal advice. See Other support for COVID-19 coronavirus.

Can I still get paid if I self-isolate?

Can I get a government payment?

Your employer might not have to pay you if you self-isolate. For example, your employer usually does not have to pay you if you are a casual worker or if you have used all your sick leave.

In limited circumstances you may be entitled to special COVID-19 coronavirus payments if you cannot get paid leave.

For more information, see the Victorian Government’s Financial and other support for COVID-19External Link and Services Australia (Centrelink) If you need a paymentExternal Link .

Should my employer pay me?

If you become sick with COVID-19 and you have sick leave, your employer may have to pay you. You may need to give your employer proof that you are sick.

You can visit the Fair Work OmbudsmanExternal Link website to check what your enterprise agreement or modern award says about paid and unpaid leave.

You may have other options to get paid while you self-isolate. These include:

  • taking paid annual leave or other paid leave (for example, long service leave), if your employer allows this
  • applying for additional leave (often called special leave). Not all employers offer special leave, but some do, so it is worth checking

Can I work from home if I self-isolate?

If you are feeling well and able to work, you can ask your employer if you can work from home while you self-isolate. Whether this is possible depends on the type of work you do and your situation.

For more information, see COVID-19 and working from home.

Can I use my sick leave if I am unable to work?

If you are sick and you are a permanent full-time or part-time employee, you can use your paid personal leave (sick leave). You may need to prove that you cannot work. For example, you may need to give your employer a medical certificate or statutory declaration

All full-time and part-time employees get at least 10 days of paid personal leave for each year they work for that employer. Personal leave can be used as sick leave or carer’s leave. Any part of your personal leave that you do not use accrues (rolls over) each year.

You may get more than 10 days of personal leave per year. Check your employment contract or visit the Fair Work OmbudsmanExternal Link website to check what your enterprise agreement or modern award says about personal leave.

Can I use my carer’s leave to care for someone else?

If you are a permanent full-time or part-time employee, you can use paid carer’s leave. There may be other options for you to be paid if you do not have carer’s leave, such as using other paid leave or special leave.

For more information, see COVID-19, work and caring for others.

What if I have to care for my children?

You may be able to request flexible working arrangements, such as changing the times you work.

You may be able to work from home while caring for children.

For more information, see COVID-19, work and caring for others.

What are my rights as a casual worker?

Different laws apply to casual jobs. If you work as a casual, you are usually paid a higher hourly rate, but do not get the same rights and entitlements as full-time and part-time employees.

If you are a casual employee, you will not get paid personal leave (sick leave).

If you need to care for someone who is sick, you can take two days of unpaid carer’s leave. If you need more leave, it is up to your employer whether they agree.

In some cases, your employer might give you special paid leave if you self-isolate or if you get sick from the COVID-19 coronavirus. Ask your employer if special paid leave is available.

In limited circumstances you may be entitled to special COVID-19 coronavirus payments if you cannot get paid leave.

For more information, see the Victorian Government Financial and other support for COVID-19External Link and Services Australia (Centrelink) If you need a paymentExternal Link .

What if I am treated badly because I am sick or caring for someone?

Your employer must not discriminate against you (treat you badly) because:

  • you are sick with the COVID-19 coronavirus
  • you are caring for someone with COVID-19 coronavirus
  • you have parenting or carer responsibilities.

For more information, see COVID-19 and discrimination at work.

What if I need help with money?

If you lose some or all of your income because of the COVID-19 coronavirus, in limited circumstances you may be able to:

More information

Learn where to Other support for COVID-19 coronavirus

Read our page on Employment

Fair Work Ombudsman Coronavirus and Australian workplace lawsExternal Link

Acknowledgement

We acknowledge and thank JobWatchExternal Link for allowing us to use their COVID-19: Employment rights Q&AExternal Link to prepare this information. We also thank JobWatch for reviewing this information and providing updates.

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Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Reviewed 25 July 2023

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