Whist every effort has been made to make this information accurate, this is a changing situation and the facts relied upon can change without notice. Therefore, this does not constitute personal, professional advice and is general in nature.

We would encourage members to contact us and talk through any situation before relying solely upon this information.

It is important that this be read in conjunction with the IEU Positioning for School Return 2022 statement – read that here.

COVID Leave entitlements

What happens if I contract COVID?

This is dependent upon the circumstances.

If there is proof of the disease within the School and related activities and a medical practitioner is of the opinion that in all probability the disease was contracted by the employee while on duty as a result of contact with the children, parents, volunteer workers or other employees of the School, then it is suggested you apply for Infectious Disease leave if your Enterprise Agreement includes this entitlement. If the school does not accept the application, it is strongly recommended you contact the IEU to discuss options for a dispute or a  Workers Compensation claim.

If you have contracted COVID from another source, not connected with your employment, apply for personal (Sick) leave in accordance with normal school protocols and quarrantine the required time, currently 10 days according to SA health guideline, from the first day of testing or from when you first received a positive test – whichever is the earliest.
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I don’t have enough paid personal (sick) leave – what does that mean?

After an employee exhausts their accrued paid personal (sick) leave they have access to unpaid personal leave. You may have access to other accrued paid leave or be granted special leave.

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Someone I care for contracts COVID – what leave is available?

Employees have access to paid personal / carers leave. This entitlement allows for someone to be paid while caring for another person. An employer may require evidence it is being used appropriately.
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Can I be asked to work while I have COVID?

Clearly if you are unwell then no, you should not be conducting any work while on personal (sick) leave.

However, where someone is asymptomatic, the IEU supports the employee’s right to make themselves available to work. This is then dependent upon it being reasonably practicable and approved by the school. If this does occur then, clearly Personal (sick) leave should not be debited and the employee receive their regular salary and the time counted as worked.

There should be no compulsion from an employer to make someone work whether asymptomatic or not.

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Can I be expected to set relief lessons while on personal leave with COVID?

As stated above there should be no expectation to set lessons while on personal (sick) leave, whether for COVID or any illness.

If you have not met planning / programming requirements because of the illness, make this known to the employer, as soon as is practicable, to allow arrangements for this to happen. It may be the medical assessment by your treating physician identifies you were unable to meet this obligation, because of illness, on your medical certificate.

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Can I be expected to work if I am isolating?

If isolating as a ‘standard’ close contact or because the school is in partial or full closure and it is reasonably practicable then you can be asked to continue your normal duties or if that is not possible to undertake alternate duties. Such time would attract your usual salary and count as time worked.

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What happens if a class / year level or school has to close?

While the new definitions of classroom contact make this less likely to occur, if it does occur then members should contact the IEU to determine what protections and entitlements are available to them.

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Close contact provisions

Classroom Close Contact – what is it? And how does it work?

As announced by the Government on Friday 21 January, a new category of ‘Classroom Close Contact’ exists for people who are a close contact of a student who is diagnosed with COVID. They will be deemed a Classroom Close Contact and do not need to isolate at home as a ‘normal’ close contact would. They will be provided with 7 Rapid Antigen Tests, without charge by the employer, which they then use each morning before coming onto site. A negative result means that they can continue normal duties.

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Workplace Close Contact – what is it? And how does it work?

As announced by the Government on Friday 21 January, a new category of ‘Workplace Close Contact’ comes into play. You are a Workplace Close Contact if you spend more than 15 minutes indoors, in close proximity and not wearing a mask with another adult who tests positive for COVID-19.

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You would then need to quarantine for 7 days (as per the standard community requirement) https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/conditions/infectious+diseases/covid-19/about+covid-19/self-isolation+and+quarantine+advice+for+covid-19+%28coronavirus%29

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What if I am directed to isolate because I am a close contact outside of my work?

In this case, you are a ‘standard’ close contact and need to isolate in the usual way for 7 days unless you have symptoms or get a positive result as per the SA Health guidelines.

https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/conditions/infectious+diseases/covid-19/about+covid-19/self-isolation+and+quarantine+advice+for+covid-19+%28coronavirus%29

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COVID Safety

Your legislated right is to be safe at work. In turn, employees are also required to provide a safe workplace for others. If you feel that your safety is compromised, we would encourage you to make contact with your IEU Organiser.

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I’m a vulnerable worker or care for a vulnerable person

If you have evidence from your medical practitioner, then there may be provision for you to get a medical certification that the workplace is not safe for you. There may be leave available. Make contact and discuss with your IEU Organiser.

For those women who are pregnant there is specific provision in the National Employment Standards for ‘No Safe Job Leave’ – see the specific [fact sheet] for more information.

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My workspace doesn’t have opening windows – is it ok to work there?

There should be some form of cross ventilation in all work areas. Some small offices and areas are serviced by air-conditioning only and windows are non-existent or non-opening. In that case it may be that the space is not safe. Many modern buildings use air conditioning systems where there is an exchange of air. Where small areas are used by more than 1 person, all should wear masks whilst in that area and seek to limit the amount of time in the same area. Limiting occupants at any one time should be planned for.

Ventilation audits can, and in our opinion, should be done before work commences. The results of any ventilation audits should be available to staff when requested.

If there is resistance to a ventilation audit, then contact your IEU Organiser and they may suggest a Hazard Report or Risk Assessment highlighting the lack of ventilation be undertaken and given to School management.

The use of air purifiers should be considered if available, as this may enable a room without opening windows to be utilised.

The use of CO₂ monitors may be useful in detecting air which needs increased circulation, but the monitors would only indicate a problem, rather than help to solve it.

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My workplace is wanting staff to meet face to face for planning meetings. Is that ok?

Face to face meeting in larger groups should be avoided. Preferably all planning and administrative meetings should occur online.

Any face to face meeting deemed necessary must follow COVID safe guidelines. Wearing of masks, social distancing, limit time in the same area/room, don’t share materials or food.

If you believe that a meeting you are required to attend is not following COVID safe practices, you can identify this to the employer and exit the meeting, requesting to continue via a remote option.

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My workplace is having parent teacher interviews, during this time. Is that ok?

Where possible avoid meeting with parents and other adults face to face to reduce the risk of exposure.

Any meeting with parents that can be, should be done online, using employer approved software.

In some situations, face to face meetings are unavoidable. Where that is the case:

• Limit them meetings no more 15 minutes in duration
• All participants at the meeting should wear masks
• Conduct the meeting in a well ventilated area (consider conducting it outside)
• Socially distance from each participant at all times
• Take care not to share pens and other materials
• Use hand sanitiser

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Should my workplace provide me masks or do I have to bring my own?

As you are being directed to wear masks in the classroom and while on site, the employer must supply the masks. All Personal Protective Equipment (PPE) must be provided by employers to keep employees safe as possible where the risk cannot be removed. Click here to find out more.  As these are supplied by the employer you must comply and wear them in accordance with the directions.

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Which type of mask should my employer supply?

There have been some recent recommendations that well fitted N95 masks (or similar: P2, KN95, KF94) provide the best protection. The latest information appears to be that cloth masks do not give the appropriate level of protection, particularly against the Omicron variant. Follow the direction on the mask information provided as to how often to change the mask and how to dispose of it.

Members should contact our office for any further assistance – 8410 0122

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