This information is only relevant to employers and employees in the WA state industrial relations system. 

Unpaid pandemic leave provisions no longer apply in the state industrial relations system. This page provides information on the previous provisions which applied under General Orders issued by the Western Australian Industrial Relations Commission to assist private sector employers and employees address the impacts of the COVID-19 coronavirus pandemic. 

• The COVID-19 Flexible Leave Arrangements General Order applied from 14 April 2020 and ceased to have effect on 31 March 2021. The COVID-19 Flexible Leave Arrangements General Order provided for unpaid pandemic leave and annual leave flexibilities for private sector state system employees. 
• The COVID-19 General Order applied from 25 March 2022 to 31 January 2023 and provided two weeks’ unpaid pandemic leave for private sector state system employees.

Impact of a period of unpaid pandemic leave on leave entitlements (other than long service leave)

Unpaid pandemic leave taken in accordance with either the previous COVID-19 Flexible Leave Arrangements General Order or COVID-19 General Order does not affect any other paid or unpaid leave entitlement of an employee and counts as service for the purposes of entitlements.

Both of the General Orders override any WA award clause that is less beneficial. This means that even if an applicable WA award states that unpaid leave does not count as service, unpaid leave taken in accordance with the previous COVID-19 General Order or COVID-19 Flexible Leave Arrangements General Order will be counted as service.

Impact of a period of unpaid pandemic leave on long service leave accrual

To be entitled to long service leave under the Long Service Leave Act 1958, an employee’s employment with their employer must be continuous. The amount of long service leave is determined by the employee’s period of continuous employment.

Under the Long Service Leave Act, there are some types of absences that do not break an employee’s continuous employment, but do not count towards an employee’s period of employment for the purposes of accruing long service leave. 

For employees in the state system, the effect on long service leave accrual of unpaid pandemic leave taken in accordance with the previous COVID-19 Flexible Leave Arrangements General Order or COVID-19 General Order will depend on whether a WA award applies, and if so, the nature of any long service leave provisions in the applicable award. More detail is provided below.

Unpaid leave taken for a COVID-19 related reason which was NOT taken in accordance with one of the General Orders providing for unpaid pandemic leave is treated the same way as other unpaid leave – that is, it will not count towards an employee’s period of continuous employment for accruing long service leave, but will not break the employee’s continuous employment.

It should be noted that if an employee was on unpaid leave, whether taken in accordance with a General Order or not, and received a payment such as the WA Government’s COVID-19 Test Isolation Payment or the Federal Government’s Pandemic Leave Disaster Payment, then the period for which the employee received payment will count towards the employee’s period of continuous employment.

Employees not covered by an award or agreement

Unpaid pandemic leave taken by private sector employees who are not covered by an award or agreement in accordance with the previous COVID-19 General Order or COVID-19 Flexible Leave Arrangements General Order does not count towards an employee’s period of employment for accruing long service leave but does not break the employee’s continuous employment.

Employees covered by a WA award

For private sector employees covered by an award, whether unpaid pandemic leave taken in accordance with the previous COVID-19 General Order or COVID-19 Flexible Leave Arrangements General Order counts towards an employee’s period of continuous employment for accruing long service leave depends on the provisions of the relevant WA award.

• If the WA award contains a long service leave clause which specifies that an employee is entitled to long service leave in accordance with the Long Service Leave Act, the Long Service Leave General Order (which applied to WA award employees prior to 2006), or some other arrangement, then a period of unpaid pandemic leave does count towards an employee’s period of employment for accruing long service leave.
• If the relevant WA award does not contain a long service leave clause, then a period of unpaid pandemic leave does not count towards an employee’s period of employment for accruing long service leave but it does not break the employee’s continuous employment.

All WA awards are available on the Western Australian Industrial Relations Commission website or you can contact Wageline on 1300 655 266 for award specific information.