MyLeave COVID-19 Updates

Quarterly Returns for July – September and October – December 2020

Wednesday, 16 September, 2020

General Principles

  • Employers are required to report service and pay contributions for permanent employees who are stood down and casual employees who are receiving JobKeeper
  • Employers are required to report both days worked, and days the employee would have ordinarily been expected to work on the return

The following information provides guidance to employers on how returns are to be lodged for the July – September and October – December 2020 quarters:

  • Permanent employees who are not working and have been stood down.
  • Permanent employees who are still working but are working reduced hours.
  • Casuals receiving JobKeeper

As a general guide there are three scenarios:

        Scenario Action
1. Permanent employee partially or fully stood down Report days worked and days stood down for each employee and pay contribution levy on their ordinary pay
2. Casual employee working normal hours, reduced hours, or not working and receiving JobKeeper Report days worked and days the employee would have been expected to work and pay contribution levy at ordinary pay
3. Casual not working and not receiving JobKeeper No days recorded and no contribution levy paid

If you are unsure about how to determine what a day of service is, or require the definition of gross pay for contribution purposes, please refer to the information board section of our annual newsletter for further information.

The following information will be provided with the next quarterly return and examples are available here:

  • How to report employees who are stood down, working reduced hours or casuals receiving JobKeeper.
  • How to split days worked and days that would normally have been worked due to stand down / JobKeeper.
Item Employment Situation Return Requirements Action Required by Employer
1 Unchanged working arrangements (permanent employees working ordinary hours and casuals not receiving JobKeeper). No change Complete and submit your return.

 

2 Permanent employee (Full time or part time) is stood down and has not worked at all for the return period. Days and gross pay must be reported. Complete and submit your return as if the employee was still working, based on ordinary rate of pay.
3 Permanent employee (Full time or part time) stood down working reduced days or have been stood down for a portion of the return period. Days and gross pay must be reported for days worked and days they would have been expected to work if they were not stood down. Complete and submit your return as if the employee was still working, based on ordinary rate of pay.

Days worked on-site and stand down days will need to be reported separately.

4 Casual employee receiving JobKeeper payment and has not worked at all for the entire return period.

 

Days and gross pay must be reported for days the employee would have been expected to work if they were on-site. Complete and submit your return as if the employee was still working, based on ordinary rate of pay for the days the employee would have normally been expected to work.

If the employee was employed for the entire duration of the prior quarter, days and gross pay should be reported based on the previous quarters return.

If the employee was not employed for the entire prior quarter, ascertain and report the employees’ average number of days worked and the associated ordinary pay for those days.

5 Casual employee receiving JobKeeper payment who is working normal hours or reduced hours.

 

Days and gross pay must be reported for days the employee worked on-site as well as the days that the employee would have normally been expected to work prior to having their hours reduced. Complete and submit your return as if the employee was still working, based on ordinary rate of pay.

Days worked on-site and days the employee would have been expected to work will need to be reported separately.

 

The JobKeeper payment is temporary and applies to the period from 30 March 2020 to 28 March 2021, for more information please refer to: https://treasury.gov.au/coronavirus/jobkeeper

MyLeave is unable to provide advice in relation to JobKeeper obligations.  If you require confirmation of your obligations or rights, independent advice should be sought based on your circumstances.

Resources:

Click here to view the Construction Industry Portable Paid Long Service Leave Act


MyLeave office re-opened

Monday, May 25, 2020

As at 8:00am Monday, May 25 2020 MyLeave’s office has re-opened to the public. If you are attending our office please ensure you follow the below steps to keep yourself and our staff safe:

  • Please do not enter if you are unwell or have been in contact with a person with, or suspected with COVID-19;
  • make use of the hand sanitiser provided at the front desk;
  • maintain a maximum of 6 people in reception at one time;
  • ensure that 1.5 metre physical distancing is maintained;
  • be aware that we are not accepting paper forms at this time, if you have completed a paper form please scan or take a photo of the form and send it to hi@myleave.wa.gov.au . Please ask a staff member if you require assistance.

The front doors, counter and sitting areas are being cleaned regularly for your health and safety.


JobKeeper Interactions with MyLeave

Friday, May 8, 2020

MyLeave’s position on JobKeeper provisions and how they interact with the Construction Industry Portable Paid Long Service Leave Act (the Act) have now been reviewed. It has come to light that the interactions are far more complex than originally anticipated.

Claiming of Long Service Leave for eligible employees

Employment Situation Scenario MyLeave Position Outcome

 

Unchanged  working arrangements

 

 

If an employee is working normal hours for their ordinary rates of pay No change The employee can claim Long Service Leave through MyLeave and will not be paid by their employer while on leave
Employee is stood down under JobKeeper provisions

 

 

Where an employee is not working at all and wishes to take Long Service Leave through MyLeave An exemption is permitted under section 28 (3) of the Act, enabling employees to claim Long Service Leave entitlements and be able to nominate for JobKeeper payments concurrently

 

The employee can claim Long Service Leave through MyLeave and nominate to receive JobKeeper payments concurrently
Employee is still working and receiving JobKeeper payment each fortnight An employee is working normal or reduced days/hours and wishes to take Long Service Leave through MyLeave An exemption is permitted under section 28 (3) of the Act, enabling employees to claim Long Service Leave entitlements and be able to nominate for JobKeeper payments  concurrently

 

The employee can claim Long Service Leave through MyLeave, take time off work and nominate to receive JobKeeper payments concurrently
Employee is stood down under Fair Work stand down provisions (s524) and not receiving JobKeeper payments An employee is not working at all and wishes to claim Long Service Leave through MyLeave No change – The employee is not in breach of section 28 of the Act The employee can claim Long Service Leave through MyLeave

The JobKeeper payment is temporary and applies to the period from 30 March 2020 to 27 September 2020, for more information please refer to: https://treasury.gov.au/coronavirus/jobkeeper

MyLeave is unable to provide advice in relation to JobKeeper obligations.  If you require confirmation of your obligations or rights, independent advice should be sought based on your circumstances.

Resources:

Click here to view the Construction Industry Portable Paid Long Service Leave Act


MyLeave Office Closure

Wednesday, 8 April, 2020

With the developing situation, MyLeave is taking responsible steps to reduce the spread of the novel COVID-19 coronavirus and adapt to our customers’ needs.
The health and well being of our staff and fellow construction industry customers is our highest priority. We have moved our operations to remote-based working and closed our office to the public until further notice. These proactive measures leave us in a solid position for a continuation of network services and business operations.
We have implemented the following interim measures:

  • Our office is closed to the public until further notice.
  • All transactions and applications, including claims for Long Service Leave, are email only
  • Our remote operators are responding to queries sent to hi@myleave.wa.gov.au and ‘contact us’ queries submitted through our website.
  • Our website remains the primary source for information and troubleshooting common queries and questions – always check here first before contacting us, as the answer you require may already be addressed here.
    MyLeave recognises that the current climate may be causing financial difficulties for employees and employers in the construction industry. While MyLeave is very sympathetic, we are unable to make any payments to members who have not yet reached 7 years of service in the construction industry as defined in current legislation.

We continue to follow the advice provided by the WA Department of Health and the Australian Government Department of Health