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Based on the South Australian government announcement yesterday, many businesses will be required to shut down for the next 6 days.

If you are an employer with employees and are abit lost as to what to do, there are some options for you:

1. If employees can work from home

  • They continue to work from home during this period and receive normal pay
  • They can choose to take annual or long service leave during this time and not work

2. If employees cannot work from home and you DO NOT currently receive JobKeeper

  • You can stand them down without pay during the time that the government has an enforced closure
  • They can choose to take annual or long service leave during this time

3. If employees cannot work from home and you ARE currently receiving JobKeeper

  • You can stand them down and pay them the JobKeeper amount only – this would need to be apportioned on a daily rate if the employee has some days when they are stood down and some days where they have worked in the pay period
  • You must pay them for actual hours worked in a pay period with the JobKeeper amount on top of this
  • You must make sure in a pay period that the minimum JobKeeper amount is met regardless

For further information see Fair Work Ombudman website (https://coronavirus.fairwork.gov.au/coronavirus-and-australian-workplace-laws/stand-down-during-coronavirus#:~:text=General%20Fair%20Work%20Act%20stand,t%20reasonably%20be%20held%20responsible) or call us at Clarke Hemmerling Lawyers on (08) 8333 2130.

This blog post does not constitute legal advice and should not be relied upon as such. It is a general commentary on matters that may be of interest to you.  Formal legal or other professional advice should be sought before acting or relying on any matter arising from this communication.