Natural disaster and pandemic leave covers authorised absence from work when employees are affected by natural disasters such as bushfires, floods, earthquakes and cyclones, or by pandemics and public health emergencies. The COVID-19 pandemic exposed significant gaps in employment law regarding pandemic leave, and natural disasters continue to disrupt workplaces with increasing frequency due to climate change. Employers need clear policies that address both immediate emergency leave and longer-term recovery, balancing employee welfare with business continuity.
Key Takeaways
- Natural disaster leave addresses absence caused by events beyond the employee’s control, such as bushfires, floods and pandemics
- During COVID-19, many jurisdictions introduced temporary paid pandemic leave provisions, some of which have since been repealed
- Employers should develop comprehensive natural disaster and pandemic leave policies as part of their business continuity planning
What Is Natural Disaster Leave?
Natural disaster leave is authorised absence for employees who are unable to work because of a natural disaster or pandemic. This can include situations where the employee’s home is affected, the workplace is inaccessible, transport infrastructure is disrupted, or public health orders restrict movement. The leave recognises that natural disasters are beyond the employee’s control and that requiring employees to use their standard leave entitlements in these circumstances is both inequitable and impractical.
The leave can be triggered by a range of events. Bushfires and wildfires may force evacuations and destroy infrastructure. Floods may make roads impassable and damage homes and workplaces. Earthquakes, cyclones and severe storms can cause widespread disruption. Pandemics and public health emergencies can require quarantine, isolation or closure of non-essential services.
During the COVID-19 pandemic, the need for specific pandemic leave became apparent. Governments worldwide introduced temporary provisions to ensure employees could take paid leave during lockdowns and isolation periods without depleting their existing leave balances. In Australia, the Federal Pandemic Leave Disaster Payment and state-based paid pandemic leave provisions provided financial support during mandatory isolation. In the UK, Statutory Sick Pay was made available from day one for COVID-related absences.
As pandemic-era provisions have been wound down, many jurisdictions have retained the framework for reintroducing pandemic leave during future health emergencies. Similarly, natural disaster leave provisions are becoming more common as climate-related events increase in frequency and severity.
Who Is Eligible for Natural Disaster Leave?
United Kingdom
There is no specific statutory entitlement to natural disaster or pandemic leave in the UK. Employees affected by natural disasters may use existing leave entitlements, including statutory sick pay, annual leave or unpaid dependant emergency leave. Some employers have developed specific natural disaster leave policies. The Government’s guidance during COVID-19 recommended that employers be flexible with absence management during the pandemic, but this guidance has since been withdrawn.
Australia
Australia has more developed natural disaster leave provisions, reflecting the country’s exposure to bushfires, floods and cyclones. During the 2019-2020 bushfire season and subsequent flood events, several states introduced emergency leave provisions. Victoria’s Paid Emergency Leave provisions allow employees in declared emergencies to access paid leave. Enterprise agreements in some industries include natural disaster leave clauses. During COVID-19, the Federal Pandemic Leave Disaster Payment provided financial support to employees in mandatory isolation.
United States
There is no federal statutory entitlement to natural disaster leave. The FMLA may apply in situations where a natural disaster results in a serious health condition. Several states have enacted emergency leave provisions — for example, California’s paid sick leave law can be used for evacuation or recovery from a natural disaster. Employers are generally expected to be flexible during declared emergencies, and the OSHA General Duty Clause requires employers to provide a safe workplace.
Natural Disaster Leave Entitlements by Country
| Country | Statutory Provision | Pay | Key Detail |
|---|---|---|---|
| UK | No specific entitlement | Employer policy dependent | COVID-era SSP provisions repealed |
| AU | State-based emergency leave | Varies by state | Victoria provides Paid Emergency Leave |
| US | No federal entitlement | State sick leave may apply | OSHA requires safe workplace |
How to Request Natural Disaster Leave
- Assess the situation — determine whether a natural disaster or public health emergency is preventing you from working safely.
- Notify your employer promptly — inform your manager as soon as possible about your situation and your ability to work.
- Follow public health guidance — comply with any evacuation orders, quarantine requirements or other instructions from authorities.
- Work remotely if possible — if your role allows remote work and you have the means to work from a safe location, this is generally expected.
- Provide updates — keep your employer informed about your situation and any changes to your ability to work.
Employer Obligations for Natural Disaster Leave
- Prioritise employee safety — ensure that employees are not required to attend the workplace if it is unsafe to do so
- Follow government guidance — comply with any public health orders, evacuation orders or other emergency instructions
- Provide paid leave — where natural disaster leave is not separately mandated, apply existing leave provisions fairly
- Enable remote working — support employees to work from home or from a safe location during the emergency
- Plan for recovery — develop business continuity plans that address natural disaster scenarios, including staffing, communication and recovery
Common Mistakes
- Requiring employees to attend the workplace during a natural disaster or public health emergency
- Applying absence management triggers to natural disaster-related absences
- Not having a natural disaster or pandemic leave policy, leading to inconsistent decisions
- Failing to communicate with employees during and after a natural disaster
- Not reviewing the natural disaster leave policy after an emergency to identify improvements
FAQ
What is natural disaster leave?
Natural disaster leave is time off work for employees affected by natural disasters such as bushfires, floods, earthquakes and cyclones, or by pandemics and public health emergencies. The entitlement varies by jurisdiction, with some states providing specific provisions and others relying on employer policies.
Is pandemic leave still available after COVID-19?
Most specific pandemic leave provisions have been repealed, but employers should maintain pandemic leave policies as part of their business continuity planning. Future public health emergencies may require the reintroduction of special leave provisions.
Do I have to use my annual leave for a natural disaster?
In most jurisdictions, there is no specific statutory entitlement to paid natural disaster leave, so employees may need to use annual leave or sick leave. However, many employers have developed specific policies that provide paid leave during natural disasters. Check your employer’s policy for details.
Can my employer require me to work during a natural disaster?
Employers must prioritise employee safety and cannot require employees to attend the workplace if it is unsafe. If remote working is possible and safe, employees may be expected to work from home. Otherwise, the employer should provide paid leave or allow employees to use existing leave entitlements.
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