ECEC Educators and Flexible Work Arrangements During Natural Disasters
Understanding Your Rights During Centre Closures
In the wake of Cyclone Alfred, many early childhood education and care (ECEC) professionals are facing unexpected closures of their centres. One common concern is whether employees should be forced to take annual or unpaid leave during these closures. It is vital for Educators to know they have an alternative option: requesting flexible working arrangements to complete outstanding workloads while their centre remains closed.
Your Right to Flexible Work Arrangements
The Fair Work Act provides employees with the right to request flexible working arrangements. In times of emergency, such as natural disasters, employees and employers can negotiate temporary work modifications, including:
Adjusting work hours
Changing workdays
Working from an alternative location, such as home
For example, an accountant affected by a cyclone may be permitted to work from home if they have power, rather than taking leave. This principle can be applied to ECEC educators who need time to complete overdue documentation and programming.
Programming Time Entitlements
Under the Children’s Services Award, educators responsible for documenting children's learning are entitled to two hours of programming time per week. Due to the ongoing staffing crisis, many educators have not been consistently receiving this entitlement. If you are owed programming time, you may request to work from home during your service closure to complete outstanding documentation and receive the entitled paid hours you are due.
How to Request Flexible Working Arrangements
To formally request a flexible work arrangement, your request must:
Be in writing
Outline the changes being requested (e.g., working from home to complete programming tasks)
Explain the reasons for the requested change (e.g., owed programming hours, centre closure due to the cyclone)
Employers must respond to written requests within 21 days. They can only refuse based on reasonable business grounds, such as excessive cost, operational impracticality, or significant loss in productivity. If your request is refused, you can dispute the decision with the Fair Work Commission.
Employer Responsibilities and Government Funding
It is important to note that employers continue to receive government funding while their service is closed. This includes:
Continued receipt of Child Care Subsidy (CCS)
The ability to waive the gap fee for families if the service is closed
Unlimited allowable absences for families during the CCS period of emergency
Given that funding continues, it is reasonable for educators to request to complete their required programming duties rather than being forced to use annual leave.
What to Do Next
If your centre is closed due to the cyclone and you are behind on programming, consider taking the following steps:
Check how many programming hours you are owed.
Submit a written request to your employer asking to complete these hours from home during the closure.
Follow up on your request if you do not receive a response within 21 days.
Seek assistance from the Fair Work Commission if your request is unreasonably denied.
As an educator, your work is essential, and you have rights that ensure fair treatment, especially during challenging times. By understanding and asserting these rights, you can continue contributing to your centre while also safeguarding your entitlements.
For more information about Flexible Working Arrangements, click here
For more information about your programming (non-contact time) entitlements, click here