EMPLOYER TOOLKIT A guide for employers
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EMPLOYER TOOLKIT A guide for employers
Disclaimer The content in this toolkit is provided for information purposes only. The contents of this toolkit do not constitute legal advice and should not be used as such. Every care has been taken in relation to its accuracy, however no warranty is given or implied. Formal legal advice should be sought in particular matters. © Copyright Carers NSW 2021 Published: September 2021 Carers NSW ABN 45 461 578 851 Level 10, 213 Miller Street, North Sydney NSW 2060PO Box 785 North Sydney NSW 2059 Phone: 02 9280 4744 Email: info@carersandemployers.org.au Website: www.carersnsw.org.au | www.carersandemployers.org.au
Contents
___________________________________________________________________
Introduction
About Carers NSW.....................................................................................................................................................................1
Carers in your workforce – myth busting........................................................................................................................1
Who are carers?
What do carers do?...................................................................................................................................................................3
How is being a 'carer'different from being a parent.................................................................................................4
Rewards of caring ....................................................................................................................................................................4
The impact of caring................................................................................................................................................................4
Carers at work
Carer case study........................................................................................................................................................................5
Challenges carers commonly experience in the workplace................................................................................6
Barriers to employment........................................................................................................................................................6
Supporting carers at work – your responsibilities
Employer responsibilities......................................................................................................................................................7
National Employment Standards - Leave......................................................................................................................8
What evidence should an employee provide................................................................................................................8
Flexible working arrangements.........................................................................................................................................9
Right to negotiate an individual flexibility arrangement (IFA)..........................................................................10
Becoming an employer of choice
People, culture and leadership: developing a supportive, ‘carer-friendly’ culture...................................11
Resources and infrastructure: providing practical support................................................................................12
Systems and processes: communicating available support clearly................................................................12
Summary..........................................................................................................................................................................................13
Appendix 1: Developing a policy for carers....................................................................................................................15
Appendix 2: Tips for talking to an employee about caring.....................................................................................18
Appendix 3: Tips for managing flexible work arrangements................................................................................20
Appendix 4: Staff survey.........................................................................................................................................................22
Appendix 5: Key Resources/Carers' Hub..........................................................................................................................26
Appendix 6: Carer Resource Group/Carer Champions.............................................................................................27
Introduction
____________________________________________________________________
This guide has been developed for managers This includes those caring for people with
and human resource professionals. It offers support needs relating to ageing, disability,
advice about how your workplace can support health or mental illness.
staff with caring responsibilities to remain
engaged and productive at work. Carers NSW is a not-for-profit registered charity
and a company limited by guarantee. It receives
For the purposes of this guide, ‘staff’ can funding from a range of sources, including the
include anyone who works for the NSW and Australian governments. Carers NSW
organisation, irrespective of their type of is based in Sydney but has reach across NSW.
employment, their employment contract or
arrangement, hours worked, or status as The Carers + Employers Project is the first
permanent, casual or temporary. national accreditation program in Australia that
promotes and recognises carer friendly
Some of the suggestions in this guide will suit workplaces via a formal accreditation
small organisations, while others will be more framework. This toolkit has been developed as
appropriate for large organisations. Whatever part of this project and is designed to assist
your business size, structure or sector, the organisations to apply best practice to support
information in this guide has been designed employed carers.
to help you become a more carer friendly
employer.
Carers in your workforce: myth busting
Where you see the name of an organisation or Myth: Caring does not impact my business.
topic that is underlined, click to be connected Caring will affect every one of your employees at
to more information. some stage. They are either caring now, will care
for someone in the future, or will require care
About Carers NSW themselves at some stage. As an employer, you
may not know who among your staff has caring
Carers NSW is the peak non-government
responsibilities. Not all employees feel
organisation for carers in New South Wales.
comfortable disclosing this information. Unlike
Carers NSW works with all carers regardless of
most other diversity groups, carers will acquire
their age, location, life-stage or
and shed the role at various points in their lives.
circumstances.
Anyone, anytime, can become a carer.
1
Some of the suggestions in this guide will suit small
organisations, while others will be more appropriate
for large organisations. Whatever the size,
structure or sector of your organisation, the information
in this guide has been designed to help you become a
more carer friendly employer.
Flexible working arrangements, including Myth: Caring is a personal issue, not a
flexible leave options, have been shown to lead workplace one.
to better employment outcomes for carers and Supporting carers is a critical workforce
also have benefits for employers. management issue. Currently around one in
nine Australians are providing informal care,
3. Increased engagement and productivity. usually for a family member, and it is expected
Implementing carer friendly policies fosters a that this will increase over the next 30 years. An
positive relationship between employees and ageing population and advances in medical
their employer. This often flows into employees technology mean Australians are living longer,
feeling engaged and improved performance. retiring later and choosing to age at home. As
more people take on a carer role, employers will
4. Meeting corporate social responsibility and need to support staff to balance work and
‘employer of choice’ aims. caring responsibilities.
Supporting staff to balance caring
responsibilities benefits not only the employee, Myth: There is no business case for supporting
but also their family, local community and our carers.
wider society. It can also enhance your Far from compromising business outcomes,
organisation's reputation as an ‘employer of evidence shows that businesses that introduce
choice’ for the growing numbers of people who ‘carer-friendly’ practices benefit from:
want greater flexibility at work. This allows you
to recruit from a wider pool of people with 1. Cost savings from reduced employee
valuable skills and experience. turnover.
By focusing on retaining skilled workers rather
Myth: Supporting working carers is difficult and than incurring the cost and disruption of
expensive. recruiting and training new staff, employers
Employers can take a wide range of actions to stand to make substantial savings. Carers are
better support carers in their workforce. These more likely to stay with their employer if their
do not have to represent a major change in needs for flexibility are met. The cost of
how an organisation operates. Even a small, replacing a competent staff member can be
simple adjustment can make a significant expensive. This reflects the ‘hidden’ costs of lost
difference to how supported carers feel at work. skills and productivity, and the training of new
For example, communicating to employees recruits.
that carer specific support is available through
Carer Gateway, which is the national access 2. Reduced absenteeism and employee stress.
point for carer information and services, is a Employees may take personal leave to deal
simple but effective way to support carers. with caring emergencies. By providing real
options to help balance work and care, and
encouraging employees to use these
provisions, your organisation can reduce carers
stress and absenteeism.
2
Who are carers?
____________________________________________________________________
A carer is any individual who provides informal What do carers do?
care and support to a family member or friend
Every caring situation is different. People can
who has a disability, mental illness, drug
become carers suddenly, for example in
and/or alcohol dependency, chronic condition,
situations of an accident or terminal medical
terminal illness or who is frail and ageing.
diagnosis.
Some people become carers gradually, as they
Some people provide care and support for a
start providing more and more help over time
relatively short period. Others for months or
to someone whose health or ability declines.
years.
Other people become carers suddenly, such as
when a family member or friend has a major
As well as the duration, the intensity of caring
accident or health crisis.
varies. Carers may be providing daily care and
help with personal care tasks and taking
Carers make an enormous contribution to the
medication. Other carers support a person who
community. Deloitte Acces Economics
is fairly independent, but may need help with
estimated that Australia’s carers provided 2.2
tasks such as transport, shopping or
billion hours of unpaid care in 2020. Were this
housework, or management of medical, legal
to be replaced with paid care, the cost is
and financial affairs.
estimated to be $77.9 billion.
Australian Bureau of Statistics
Survey on Disability, Ageing and
45-64 y.o Carers (2018), reveal: 3/4
of carers in Australia
is the peak age for
are of working age
carers.
(15-64 years old).
2/3
of primary carers are
female.
3
How is being a ‘carer’ different from
being a parent?
“Child care is generally well
The term carer can be used to describe a accepted. Other care types
number of different roles, including (mental illness, aged care,
parenting a child. However, Commonwealth
legislation, The Carer Recognition Act 2010
terminal care) I feel are not
defines a carer as someone providing care to completely understood and
a person who has a disability, medical supported by management.”
condition or mental illness, or who is frail
aged. This does not exclude parents from
“I feel discriminated as
also being carers, but it does limit parent
carers in this context to those caring for a colleagues with small children are
child with a disability, medical condition or given more flexibility with
6
mental illness. time than I am.”
The use of the term carer to mean parent or Carers NSW 2016 Carer Survey respondents
guardian more broadly can take away from
the message that caring for someone with
specific care needs is associated with Separating policies and procedures for parents
unique challenges and support options. and carers and specifically acknowledging
There are a number of reasons carers should informal family carers allows for an increased
be recognised as a specific group with their opportunity for carers to identify themselves
own needs. Firstly, parenting a child differs and access support.
significantly to caring for a child with
additional needs, which research shows is Rewards of caring
often more intensive, more costly, more Caring is associated with a number of benefits,
including enhanced personal relationships,
isolating and longer in duration.
personal development and improved self-
esteem. In addition, carers possess a variety of
Secondly, caring for an ageing family
skills which are essential in the workplace, such
member while in paid work is becoming as organisation, administration, and problem
more and more common, making the solving skills.
association of caring to parenting
inadequate to capture the range of caring
The impact of caring
roles that may arise in the workplace. Carers
Despite the rewards of caring, carers are more
of ageing parents generally have less
likely to have poorer health and well-being,
visibility and different needs with regard to reduced workforce participation and increased
workplace flexibility due to the specific financial strain compared to non-carers. In fact,
7
demands associated with this caring role. carers have been reported to have the lowest
well-being of any group in Australian society, as
Getting the definition of 'carer' right might measured by the Australian Unity Well-being
sound like semantics, but it is important, as Index and more recently the Carers NSW 2020
many carers are ‘hidden’ and do not identify National Carer Survey.
themselves as a carer. As a consequence,
many are unaware of their workplace rights In addition, undertaking periods of unpaid care
and the support and services that are may affect a carer’s financial security in
available to them. Workplace policies that retirement. The superannuation system in
Australia is tied to paid employment, and so
combine parents and carers are likely to
financially disadvantages people who take time
limit carers exercising their entitlements
out of the workforce, such as for caring
under the Fair Work Act 2009 (Cwth) and
responsibilities. Flexible approaches in the
National Employment Standards. workplace help reduce these impacts.
4
1 in 9 Australians are carers
Carers at work
____________________________________________________________________
These figures are likely to be an under
representation of the true number of carers,
The Carers NSW
since many people who area caring may not 2020 National Carer Survey
identify with the term ‘carer’. These ‘hidden’ revealed:
carers may feel that caring is a natural
extension of their family responsibilities and
just something they should do. This means that
they may not be aware of the support available,
including workplace support. Even an
employee who does identify as a carer may not
disclose their role due to concerns about of carers had
negative consequences at work.
25% refused a job or
promotion due to
Case Study caring
Lina is 56 years of age and for the last year has
been working as a receptionist. Lina is a single
mother who cares for her 20 year old daughter
Sarah who has cerebral palsy. Lina does not feel
safe enough to disclose her caring role to her
employer as she is worried that the
organisation may view her as unable to fulfil of carers had
reduced working
55%
her duties or disadvantage her from
opportunities. Lina has not heard or seen any hours due to
policies or practices that relate to her caring
entitlements as a carer. She is unsure about
the workplace culture and attitude towards
flexibility, but knows that if this was promoted
and accepted she would feel much safer
accessing some of her entitlements.
of carers believe
"I feel my job empowers their caring skills
me to feel valued and gives 65% make them a
better employee
me respite from caring"
Respondent to Carers NSW Carer Survey, 2016
5
Being in the paid workforce can also greatly Barriers to employment:
benefit carers. It provides an opportunity for
them to engage with others, to focus on tasks
other than caring, and to have an identity
outside of being a carer.
Challenges carers commonly 51% demands on
time too high to
experience in the workplace keep up caring
Caring can be time consuming due to the time role
required for the carer to support their loved
one in attending appointments and services,
including wait and travel time. To manage this,
carers may exhaust their leave, reduce their not possible to
48%
hours, or leave the workforce. This can mean take enough
they miss out on career opportunities, lose paid leave to
income, or may face financial insecurity in keep up caring
retirement. role
Barriers to employment
The Carers NSW 2020 National Carer Survey
found that barriers to participating in
employment for carers were due to the lack of support
demand on time being too high to keep up
the caring role and it not being possible to 43% from prospective
employers
take enough paid leave to keep up the caring
role. Carers also indicated a lack of support by
their prospective employer as one of the main
obstacles to finding employment.
6
Supporting carers at work -
your responsibilities
____________________________________________________________________
Working carers are protected by various legislation designed to uphold their rights in the workplace,
including The Fair Work Act 2009 (Cwth), Disability Discrimination Act 1992 (Cwth) and Anti-
Discrimination Acts in each state and territory. This legislation makes it an offence to discriminate or
unfairly treat employees and potential employees due to their caring responsibilities.
For example, in NSW, The Anti-Discrimination Act 1977 also applies if an employee does not currently
have caring responsibilities, but experiences discrimination or harassment because:
the employer thinks that they have caring responsibilities;
the employee had caring responsibilities in the past, or the employer thinks they did; or
the employee will have caring responsibilities in the future, or the employer thinks they will.
Employer responsibilities include:
during the when determining in selecting or when
recruitment process terms and conditions rejecting considering
- in advertising for, of employment, such employees for dismissal,
interviewing and as pay rates, work promotion, transfer demotion or
selecting candidate hours and leave and training retrenchment
In general, carers should have the same right to work opportunities and all other work benefits as
employees who do not have caring responsibilities. As employee's caring responsibilities should not
affect these decisions in any way.
7Did you know?
Employers have a legal responsibility
to take all reasonable steps to
prevent discrimination on these
grounds. Employers can also be liable
for the discriminatory acts of their
employees (called ‘vicarious liability’).
National Employment Standards - occasion that a member of their immediate
Leave family or household dies, or develops a life-
The National Employment Standards (NES), as threatening illness or injury.
part of the Fair Work Act 2009 (Cwth), set out
the minimum entitlements that all employers Casual employees are entitled to:
must offer their employees under Australian law. two days unpaid personal/carer’s leave on
An award, legislated agreement or employment each occasion they are unable to work due
contract between an employer and employee to personal illness or injury, or need to
may set out different entitlements for leave, but provide care to someone in their immediate
cannot provide an employee with less family or household
favourable conditions. two days unpaid compassionate leave on
each occasion that a member of their
Many organisations choose to go above and immediate family or household dies, or
beyond these minimum requirements by develops a life-threatening illness or injury.
offering their employees extra leave
entitlements, such as paid carer’s leave that is in A member of the employee’s immediate family
addition to paid sick leave. means a spouse, de facto partner, child, parent,
grandparent, grandchild or sibling of an
The minimum entitlements according to this employee; or a child, parent, grandparent,
legislation can be found on the Fair Work grandchild or sibling of the employee’s spouse
Ombudsman website and are summarised or de facto partner. A household member is any
below. person who lives with the employee.
Part-time and full-time employees are entitled
What evidence should an employee
to a minimum of:
four weeks of annual leave, based on the provide?
employee’s ordinary hours of work Employers can ask employees to provide
10 days of paid sick/carer’s leave (pro rata if evidence for as little as one day or less off work.
part-time) A workplace policy or registered agreement can
two days unpaid carer’s leave on each specify what type of evidence an employee has
occasion they need to provide care to to give to their employer and when. While there
someone in their immediate family or are no strict rules about what evidence is
household (usually paid personal/carer’s leave required, the Fair Work Ombudsman considers
must be exhausted first) medical certificates or statutory declarations to
two days paid compassionate leave on each be acceptable forms of evidence.
8Changes to hours of work such as a
reduction in hours or changes to
start and finish times.
FLEXIBLE WORK Changes to patterns of work, such
ARRANGEMENTS as 'split- shifts' or job-sharing
MAY INCLUDE: arrangements.
Changes to the location of work,
such as the ability to work from
home.
Flexible working arrangements Case Study
Under the National Employment Standards, Janette is 56 years old and works full-time
carers have the right to request flexible for a major insurer. Her mother Silvia is 83
working arrangements. These rights apply to years old, lives alone and does not drive. Her
everyone covered by the national workplace mother has arthritis and also has recently
relations system (most employers and had a small stroke. She requires assistance
employees in Australia). from Silvia with navigating services and
online systems, getting to medical and
Who can make a request?
physiotherapy appointments and paying
Part-time and full-time employees who have
bills. She has some assistance through My
worked with the same employer for at least 12
months and casual employees who have been Aged Care to help with cleaning and
working for the same employer regularly and grocery shopping.
systematically for at least 12 months, and have
a reasonable expectation that this work will Janette's employer has a flexible working
continue, can request flexible working guide and policy. Janette met with her
arrangements if they: manager to discuss her situation. Her
manager agreed Janette could adjust her
are the parent, or have responsibility for the start, finish and break times to be able to
care of a child who is school aged or younger take her mother to appointments, as
are a carer (within the meaning of the Carer Janette was able to show her workload
Recognition Act 2010) would still be met, with no adverse impact
have a disability to customers. Janette has also negotiated
are aged 55 years or older to work from home one day a week in
are experiencing family or domestic violence which she will try to schedule her mother's
are supporting an immediate family or appointments as it will reduce the time she
household spends commuting. Following their
member who requires support because of
meeting Janette and her manager
family or domestic violence.
documented what had been agreed.
9Rules governing how requests should be made. Right to negotiate an Individual
Employees need to ask in writing, giving details Flexible Arrangement (IFA)
of the change they want and the reasons for the
requested change. Employers need to accept or
The Fair Work Act 2009 (Cwth) also grants you
refuse the request in writing within 21 days of
and your employees the right to negotiate an
receiving the request.
individual arrangement that changes the
conditions of your modern award or enterprise
These requests can only be refused on
agreement to meet a genuine need. An IFA
‘reasonable business grounds’. For example, if
cannot be used to reduce or remove an
the requested working arrangements:
employee’s entitlements. An employee cannot
are too expensive to implement,
be forced to sign an IFA to get a job, and they
would result in a significant loss in efficiency
cannot be discriminated against if they refuse
or productivity,
one.
are likely to reduce the level of customer
service your business provides.
An employer must ensure that the employee is
better off overall with the IFA than without it,
It may also be reasonable to refuse if:
compared to their award or registered
it would be impractical to change the working
agreement at the time the IFA was made. To do
arrangements of other employees, or recruit
this, consider the financial and non-financial
new employees, to accommodate the
benefits for the employee, as well as the
requested working arrangements; or
employee’s personal circumstances.
it is not possible to change the work
arrangements of other affected employees to
How is an IFA made?
accommodate the request.
An IFA can be made at any time after the
employee has started working for the employer.
Consider alternatives:
Both parties must genuinely agree to it. An
Requests do not have to be accepted or
employer or employee can ask the other to
rejected in full. If you cannot accommodate
enter into an IFA. Any agreed arrangements
an employee’s full request, think about what
must be put in writing and signed by both
alternatives you could offer.
parties. If the employee is under 18, their parent
Have a look at out tips for negotiating flexible
or guardian must also sign.
working arrangements with an employee (see
Appendix 3).
Find out more on the Fair Work Ombudsman
website or by calling 1300 799 675.
If you do not have a flexible
working policy but would
like information on making
your workplace more
flexible and responsive to
the needs of employees, the
Workplace Gender Equality
Agency (WGEA) has a range
of resources to assist.
10Becoming an employer of choice
____________________________________________________________________
Legislation sets out minimum standards and entitlements for working carers. However, there are
many more initiatives each workplace can implement to increase the level of support available to
working carers. These do not need to be costly or onerous. Every workplace is different. The ideas in
this guide are intended to provide a starting point, and we encourage you to consult with your staff
including carers and to be creative.
PEOPLE, CULTURE AND LEADERSHIP:
DEVELOP A SUPPORTIVE, ‘CARER-FRIENDLY’ CULTURE
The organisation has a Many carers do not identify themselves as such and may
clear definition of the term describe their situation as ‘looking after’ or ‘supporting’ a family
‘carer’. member or friend. Having a clear definition of the term ‘carer’ is
essential.
Organisational support for Culture change is impossible without genuine commitment from
working carers is publicly organisational leaders.
communicated.
Carers are encouraged to Workplaces should aim to have a supportive culture where staff
self-identify. with caring responsibilities are considered the norm and feel
comfortable identifying themselves and their needs to their line
manager.
Managers are trained to Managers may need support to understand the demands of a
support staff who are person’s caring role, and the practical ways they can offer
carers. support.
Managers are encouraged Managers are key to embedding values and work practices
to utilise workplace across all levels of a workplace.
support themselves.
Carers are supported to Developing a 'carer resource group' or ‘carer network’ within
engage with one another. your organisation can provide an opportunity for carers to
connect and support one another. A good starting point is to ask
staff what would work best for them.
11RESOURCES AND INFRASTRUCTURE: PROVIDE PRACTICAL SUPPORT
Additional carer’s leave is Offering additional paid or unpaid carer’s leave can help relieve
offered to staff. some of the stress and financial burden associated with caring.
Flexible working Make employees aware of the existence of your workplace
arrangements are available policies around flexible work, and actively encourage their take-
and encouraged (where up. Assure employees that there will be no negative
possible). repercussions for doing so.
Return to work A gradual return to work (such as starting with reduced hours
arrangements are available and building up to their normal hours) can help employees who
for carers. have been on extended carer’s leave readjust and regain
confidence.
Having access to basic facilities in the workplace can be very
Internal workplace
helpful to carers. For example, providing access to a phone and a
supports are identified (eg,
private room for confidential conversations can help carers
access to quiet rooms, car
better manage their caring responsibilities and relieve their
spaces).
stress. If available, consider offering a car space to carers. Easy
car access can assist carers in the event of an emergency.
External support for carers Consider offering access to Employee Assistance Programs, and
is promoted (eg, Carer make staff aware of the support that is available to them
Gatway or Employee through the member organisations of Carers Australia and Carer
Assistance Programs). Gateway.
SYSTEMS AND PROCESSES:
COMMUNICATE AVAILABLE SUPPORT CLEARLY
The scale and nature of A regular employee survey can help you better understand the
caring responsibilities needs and experiences of carers within the workplace, and
across the workforce is continue to develop inclusive policies and practices.
regularly monitored. To measure the impact of supportive workplace practices, it is
important to evaluate and monitor the take-up of specific
flexible working, leave arrangements and workplace supports.
Carers are recognised in Developing policies to support employees with caring
their own right within responsibilities that explain how carers can access support,
workplace policies. including options for leave and flexible working, provides
managers and employees with a framework for creating a
supportive work environment. Make employees aware of the
existence of such a policy and make it easily accessible. See
Appendix 1 for further information about how to design a policy
for carers. Ensure that your recruitment policies and procedures
do not discriminate against people who are seeking work during
or following an episode of care.
Carers are consulted in the Ideally carers should help to drive the development of these
development of policies policies. Their caring experiences and knowledge can help
that affect them. inform a supportive, effective policy and contribute to change for
a more carer-inclusive workplace.
The organisation
Policies are only as good as their implementation. It is essential
implements policies in a
that managers across the organisation understand and
consistent manner.
implement policies consistently.
12Summary
____________________________________________________________________
Carers require support Workplaces should Employers are
from their workplace to consider their current encouraged, where
recognise their valuable practices and how they possible, to provide
contribution as well as the can be proactive in entitlements beyond the
challenges they face. supporting carers. minimum requirements.
Implementing carer friendly workplace practices begins with identifying and recognising
carers and building on minimum workplace entitlements to support them in their role.
Having a sound understanding of the legislation regarding carers and employment will
assist you to create opportunities of support. Organisations who are strategic in their
approach to future proofing their workforce will be developing a flexible, responsive and
resilient workforce that is able to withstand forecasted population pressures.
13APPENDIX
The following tools have been included to
help develop carer friendly workplace
policies and practices.
You are encouraged to customise these for
the context of your organisation.
Carers + Employers is a project of
Carers NSW.
If you require any assistance please contact
P: ( 02 ) 928 0 4744
E: i nf o@car er s a nd empl oyer s . o r g. a u
For more information, you can also visit
www.carersandemployers.org.au
14Appendix 1: Developing a policy for carers
____________________________________________________________________
This is a template that organisations can use to POLICY
develop or modify policies relating to carers in the [Insert organisation] recognises the valuable
workplace. Organisations are encouraged to adapt contribution of carers in the workplace. [Insert
this policy and link it to other relevant internal
organisation] understands that carers may
policies. Within this template are various options
which represent best practice approaches to
experience challenges balancing work with
supporting carers in the workplace. Others are personal responsibilities as a carer. [Insert
specified within national or state/territory legislation. organisation] is committed to being a carer
inclusive workplace and actively supporting
Your policy should cover:
carers to balance their caring role and work.
A clear definition of the term ‘carer’ as
defined by the Commonwealth Carer
DEFINITION
Recognition Act 2010 (Cwth) or state/territory
For the purpose of this document, [Insert
equivalent.
organisation] defines a carer as anyone who
A statement outlining the organisation’s provides care and support to a family member
commitment to supporting staff to balance or friend who has a disability, mental illness,
work and personal caring responsibilities. drug or alcohol dependency, chronic condition,
terminal illness or who is frail aged.
Guiding principles for the disclosure of
caring responsibilities. For example, that The activities that carers undertake may
employees are not obliged to disclose caring include:
responsibilities to their manager but are help with personal care or mobility
encouraged to do so, and that managers managing medication
should ask their staff if they have caring practical household tasks
responsibilities, with due regard to issues of emotional support
confidentiality. navigating complex service systems
The organisation’s legal obligations, for INCLUSION
example, under the Commonwealth Fair The policy applies to all employees [specify].
Work Act 2009 (Cwth). [Insert organisation] is an equal opportunity
and inclusive employer. Any form of
Leave entitlements – paid and unpaid,
discrimination such as bullying or harassing an
including any additional leave your employee because of their caring
organisation offers beyond the minimum responsibilities is a breach of the Code of
statutory entitlements. Conduct and [insert relevant anti-
Flexible working arrangements – what they discrimination legislation]. [Insert organisation]
welcomes comments and suggestions from all
are and how to access them.
staff on how [insert organisation] may make
Zero tolerance for discrimination or improvements to the workplace to better
harassment of any employee with caring recognise and accommodate the varying
responsibilities, including recruitment of new needs of carers.
employees.
LEAVE ENTITLEMENTS
Information and practical support available [Insert organisation] will adhere to obligations
for carers within or beyond the organisation. under the Fair Work Act 2009 (Cwth) and
National Employment Standards to provide
The roles of return to work coordinators,
specific leave entitlements to carers. Below are
human resource staff, employee health staff,
the minimum statutory requirements. [Insert
and/or external professionals such as
organisation] also understands that carers may
counsellors, psychologists or Employee
need additional leave to make caring and
Assistance Programs (EAP). employment sustainable. The following
Support, education and training for additional paid/unpaid leave is available to
managers to support employees. carers [Insert details].
15PAID PERSONAL/CARER'S LEAVE
Such arrangements include but are not limited to
Employees who are employed on a part-time or
altering start/finish times, job sharing, offering
full-time basis are entitled to paid personal/
flexibility to attend appointments, part-time
carer’s leave. This can be used when an
work, working from home or self-rostering.
employee requires leave for personal illness or
injury.
Full-time and part-time employees can make
requests after 12 months of continuous
Personal/carer's leave can also be used if an
employment. Casual employees can also make
employee needs to support or care for an
requests for flexible working arrangements as
immediate family member or member of their
long as they have worked on a regular and
household who is sick, injured or if there is a
systematic basis for 12 months and have a
family emergency.
reasonable expectation that their employment
will continue.
Full-time employees are entitled to 10 days
each year.
[insert organisation] will consider such requests
Part-time employees have pro rata
and will provide employees with a written
entitlements.
response within 21 days of the written request
Casual employees are required to use unpaid
being made, stating whether the request has
carer’s leave.
been granted or refused. Requests can be
refused on reasonable business grounds and
[Specify what type of notice and/or supporting
outcomes will be provided in writing. If a request
documentation is required for such leave].
cannot be granted, [insert organisation] will
continue to negotiate to find an arrangement
UNPAID PERSONAL/CARER'S LEAVE
that suits both parties [refer to the flexible
All employees (including casual employees) are
working policy as applicable].
entitled to two days unpaid carer’s leave on
each occasion an immediate family member or
CARER CAREER BREAKS
household member of the employee requires
[Insert organisation] understands that, in some
care and support due to illness, injury or
cases, a person’s caring role may make it
unexpected emergency.
unfeasible for them to continue to work. In such
situations where carers are considering giving up
For full-time and part-time employees, unpaid
work, they are encouraged to discuss with their
carer’s leave can only be used when an
managers options that may enable them to
employee has exhausted their paid sick and
attend to intensive caring responsibilities (e.g,
carer’s leave. Unpaid carer’s leave can be taken:
taking a fixed-term period of long-term leave and
be guaranteed a job at the end of that period).
as one continuous period (e.g, two days in a
row)
[insert organisation] is aware of the potential
in separate periods as agreed between the
impacts of taking a career break, such as the loss
manager and the employee (e.g, four half
of income and superannuation over that period.
days across one week).
To help support the economic security of carers
who need to take a career break [Insert
An employer can’t take negative action against
organisation] will continue to pay
an employee for taking unpaid carer’s leave. To
superannuation for the duration of the career
find out more, see protections at work.
break.
RIGHT TO REQUEST FLEXIBLE WORKING
ARRANGEMENTS
[Insert organisation] is committed to supporting
employees to balance their work and caring
responsibilities. Under the Fair Work Act 2009
(Cwth), people with caring responsibilities in
accordance with the Carer Recognition Act 2010
(Cwth) have the right to request flexible
working arrangements.
16IDENTIFYING CARERS IN THE WORKPLACE The employee is required to discuss the use of
While there is no obligation for carers to self- telephones in regards to their caring role with
identify as a carer, managers should actively their appropriate line manager. Further
encourage and support employees to make their information regarding telephone use is available
caring role known to their managers. Managers in the Electronic Communications Policy.
should treat all employees who identify as a carer
in confidence in accordance with the RELATED DOCUMENTS
Privacy and Confidentiality Policy. [Refer as Code of Conduct
applicable. As an alternative to a manager, carers Diversity and Inclusion Policy
may wish to speak with human resources or a Electronic Communications Policy
workplace ‘carer mentor’, ‘carer champion’ or Leave Policy
'carer employee resource group' to provide Privacy and Confidentiality Policy
support]. [Other - add and adapt to the names of
relevant organisational policies.]
If a manager identifies an employee as a carer,
the employee should be made aware of their RELATED LEGISLATION
ability to access the Employee Assistance Anti-Discrimination Act [insert relevant
Program or equivalent if required. Carers can legislation]
also be made of carer specific support services Carer Recognition Act 2010 (Cwth)
such as the Australian Government's Carer State/Territory Carer Recognition Act [see
Gateway. below]
Fair Work Act 2009 (Cwth) and National
ACCESS TO A TELEPHONE Employment Standards
[Insert organisation] understands that being able
to access a telephone in a private area can REVIEW
support carers to remain in the workforce and This policy is to be reviewed [specify]
can alleviate stress regarding their ability to be
contacted in an emergency.
Remember: This is a template that organisations can use to develop or
modify policies relating to carers in the workplace.
Organisations are encouraged to adapt this policy and link it to other
relevant internal policies.
STATE AND TERRITORY LAWS AND POLICIES
Australian Capital Territory – ACT Carers Strategy
New South Wales – Carers (Recognition) Act 2010
Northern Territory – Carers Recognition Act 2006
Queensland – Carers (Recognition) Act 2008
South Australia – Carers Recognition Act 2005
Tasmania – Tasmanian Carer Policy 2016
Victoria – Carers Recognition Act 2012
Western Australia – Carers Recognition Act 2004
17Appendix 2: Tips for talking to an employee
about caring
___________________________________________________________________
M an y ca r e r s f i n d t h a t b a l a n c i n g wo r k a n d c a r e i s d i f fi c u l t a t t i m e s.
A s a ma n ag er , y o u a r e i n a po s i ti o n t o m a ke t h a t j u gg l i n g a c t a
l i t t le e as i e r . I t m a y s e e m d a u n t i n g t o s p e a k wi t h a n e m p l o y e e a b o u t
t h e i r c ar in g r o l e . T h e e m pl o y e e ’ s w e l l b e i n g wi l l b e a k e y c o n c e r n ,
a s is the n e e d t o b a l a n c e c a r e r ' s s u p p o rt a n d r i gh t s w i t h t h o se o f
t h e or g an isa t i o n .
PLAN AHEAD
Before the meeting, take the time to acquaint yourself with the
organisation’s relevant policies. These may include leave provisions,
flexible working policies, and details of any other support that may
assist the employee, such as an Employee Assistance Program (EAP). A
specific policy or best practice guidelines about managing employees
with caring responsibilities may be in place. You may also like to seek
guidance from your Human Resources team, and perhaps find out how
similar situations have been handled.
CHOOSE YOUR TIME AND PLACE
Schedule plenty of time for the conversation to ensure you can give it
your full attention. Find a quiet, comfortable place free from distractions
and interruptions, and not in view of other people. Some people may
find it upsetting to talk about their caring role and will appreciate the
privacy.
BE GUIDED BY YOUR EMPLOYEE
Remember that an employee is not obliged to discuss their caring
responsibilities with you. There are many reasons an employee may
choose not to. Some may fear that they will be denied opportunities at
work. Others may still be making decisions about their caring role or
may simply wish to keep their personal situation private. If the
employee indicates they do not wish to discuss their situation, it is
important to respect their decision.
LISTEN WELL AND STAY FOCUSED
One of the best ways you can support an employee is through sensitive,
active listening. In this meeting, you will probably spend more time
listening than talking. Be conscious of the different paces at which
people communicate, and try to avoid interrupting, filling silences or
prompting for specifics unnecessarily. When there is a natural pause in
the conversation, you might try summarising what the employee has
said.
18DISCUSS THE ISSUES
In this initial meeting, try to keep the focus on the employee’s needs,
rather than those of the organisation.
During your conversation, it may be helpful to clarify:
whether the employee wants their caring role made known to their
colleagues, and whether they would like your help to inform people
the employee’s leave entitlements and accrued balance
what the employee needs from the workplace and from you right
now
whether the employee is likely to need to take carer’s leave (be
aware, they may need to take unplanned leave at short notice)
any flexible working arrangements or adjustments that may be
needed to the employee’s hours, duties or work space
whether a handover meeting with other staff may be helpful to
discuss how the employee’s duties and responsibilities will be
covered
available support for the staff member, through internal options
such as an Employee Assistance Program (EAP) or wellbeing
program; or through external support such as the member
organisations of Carers Australia or the Australian Government's
Carer Gateway
how frequently the employee would prefer follow-up meetings to
check in about their caring role.
If the employee asks a question you cannot answer, this is
understandable, simply say that you do not know and then offer to
investigate and get back to them.
FOLLOW UP AFTER THE CONVERSATION
You may want to summarise any key points or concerns discussed at
the end of the meeting, to ensure you and the employee both have a
clear understanding of the situation. Document any agreed changes to
the employee’s working arrangements or conditions, and forward these
to your Human Resources department.
If the employee had questions you were unable to answer, be sure to
follow up appropriately and get back to them as soon as possible.
Remember also to respect the employee’s privacy and to ask permission
before sharing details of their caring situation with other people.
Finally, stay in touch and be as flexible as is possible. Caring can vary in
intensity and duration and responsibilities can change overnight.
Emergencies can be hard to manage and the employee may be unable
to predict how their caring role will change over time.
These tips have been adapted from the Cancer Council's workplace fact sheet,
"Supporting working carers: A guide for managers and human resource professionals"
19Appendix 3: Tips for managing flexible
working arrangements
____________________________________________________________________
C h a n g e s i n s t a n d a r d ho u r s , d a y s o r l o c a t i o n o f w o r k, i s o ne o f t h e
b es t w ay s e m pl o y e r s c a n s u p p o r t c a r e r s . F l e xi b i l i t y c a n o f f e r a
b ro ad r an g e o f b e n e fi t s n o t ju st t o c a r e r s , b u t i d e a l l y s h o u l d b e
offered 'as the norm' to all employees where ever possible.
R es e ar c h su g g e s t s t h a t w o r k p l a c e f l e x i b i l i ty i s a s s o c i a t e d w i t h
r ed u ce d a bs e n t e e i s m , i n c r e a s e d p r o d u c t i v i t y , i n c r e a s e d j o b
s a t isf ac tio n a n d l o w e r t u r n o v e r.
TRAIN MANAGERS & EMPLOYEES
The Australian Government Fair Work website advises managers and employees
be trained and have information, such as guides and checklists on workplace
flexibility. Fair Work offers a free online course that covers such things as:
information on how flexibility can benefit your business
ideas about types of flexibility that may suit you and your employees
tips and guidance on how to promote, implement and manage flexibility in
your workplace
details about your legal obligations under the Fair Work Act 2009 (Cwth)
interactive scenarios to help you deal with flexibility requests.
SET THE CULTURE
Make sure that employees are aware of flexible working rights and
responsibilities, including the right to request flexible work arrangements under
National Employment Standards, and any flexible working policies held by your
organisation.
Encourage all staff, not just those with caring responsibilities, to use flexible
working arrangements. Consider removing the need to provide a 'reason' for
utilising flexible working arrangements. Speak positively about flexibility and
consider using flexible arrangements yourself to normalise the practice.
Consider whether additional training is needed, such as developing skills for
communicating or supervising remotely. Build a team culture of trust and
transparency, with a focus on results.
EXPLORE POSSIBILITIES
An open, honest conversation can be a great starting point when negotiating a
flexible work arrangement. You will likely need to balance the employee’s request
with other factors, such as the operational needs of the business. This may
require compromise from both parties.
Respond to all employee requests for a change in working arrangements in a
timely manner [in writing within 21 days if your employee has a right to request
under the Fair Work Act 2009 (Cwth)]. If you are refusing a request, explain your
reasons clearly.
20TRIAL NEW ARRANGEMENTS FOR 3–6 MONTHS
Flexible working does not always work perfectly from the start. Trialling a new
arrangement over 3–6 months will give you an opportunity to learn from any
challenges and adapt the arrangement going forward. Prepare in advance by
identifying possible issues with the new arrangement. It may be helpful to
discuss expectations with the employee and wider team, such as setting
boundaries between work and non-work, and clarifying expectations around
communication response times.
Document the arrangement to be trialled. Include specific details of the new
arrangement, the duration of the trial phase, and how it will be monitored and
evaluated.
MONITOR AND ADJUST
Monitor the effect of the new arrangement on the employee’s wellbeing, and on
the team’s operations.
Act quickly when an issue is identified, and be prepared to make ongoing
adjustments during the trial period.
PROMOTE TEAM CULTURE & COMMUNICATION
It is important that employees working remotely, or part time for example, still
feel part of the team, stay up to date with business directions, and have the same
opportunity for training and promotion. Team protocols for contact can be
helpful, e.g. daily phone calls, regular online team meetings. Signature blocks
can also be used to message about preferences or protocols.
There are many ways to keep connected through technology, such as a shared
messaging system, calendar and project management tools. For more sensitive
and complex matters, face-to-face meetings can be more effective.Give time and
encouragement as your team adapts to a new way of working.
MORE INFORMATION
These tips have been adapted from the Manager flexibility toolkit by the
Workplace Gender Equality Agency (WGEA).
Diversity Council of Australia (DCA) has information on flexible working including
a business case, leading practice examples, case studies, and employer tools.
The Fair Work Ombudsman has a Work and family - best practice guide.
21Appendix 4: Staff Survey
____________________________________________________________________
Understanding the ‘carer population’ in a You may wish to include some or all of the
workforce is an essential starting point for following information and questions into
becoming more ‘carer friendly’. An employee existing diversity and inclusion, employee
survey can be a simple and cost effective way of engagement, or health and well-being surveys.
monitoring and adapting the support you offer Please adapt the questions to suit your
to meet carers changing needs. It can also organisation and workforce.
provide data to assist with workforce
management and talent retention strategies. It is advisable to direct respondents to your
company's privacy policy, however at a
Tips for developing your survey: minimum you should address: what personal
information you are collecting, how you plan to
Ensure that the survey is anonymous and use these responses, whether responses will be
confidential. disclosed to anyone else, how respondents can
access their responses, and how respondents
Let staff know that there will be no can contact the company for more information.
negative impact on their role and job
opportunities if they identify as carers. A carer provides informal care and support to a
family member or friend who has a disability,
Provide a clear definition of what it means mental illness, drug and/or alcohol
to be a carer, as many people do not dependency, chronic condition, terminal illness
identify themselves as carers and instead or who is frail and ageing.
may describe their situation as ‘looking
after’ or ‘supporting’ a family member or About this survey
friend. This survey should take you approximately 15
minutes depending on your responses. You can
Compile a list of all the policies, programs leave any question blank if it does not apply to
and initiatives your organisation offers to you, or if you would prefer not to answer. This
support staff with caring responsibilities for survey closes on [insert date] .This survey aims
your staff to review and provide feedback to improve understanding of the key issues and
on. This is also an opportunity to re- support needs of employees combining work
communicate the options for flexible work and caring for someone, and practical ways in
to your employees. which employers can help. A further aim of the
employee survey is to improve understanding
Your survey could ask carers to identify of the pressures which can cause people to
areas that may affect their ability to leave work to care and how these can be
combine work and care. This will help addressed.
highlight any organisational culture issues
which may need to be addressed.
22Screening questions
Outside of work, do you care for someone who Does the person you provide the MOST care
has a disability, mental illness, drug or alcohol for, live with you?
dependency, chronic condition, terminal or Yes
serious illness, or who needs care due to No, they live independently
ageing? No, they live with another family member
Yes or friend who cares for them
Not currently, but I have in the past No, they live in a care facility (e.g. aged care
No (If no, unfortunately you do not fit our home)
respondent profile. Thank you for your No, they live in supported accommodation
interest.) / a group home
Other_______________________________________
Is / was the person you care(d) for a family
member, friend or neighbour?
Yes Please describe the types of support needed
No, I care / cared for the person as paid by the person you care for:
work (i.e. nurse, support worker) (If no, (Please tick as many of these categories as is
unfortunately you do not fit our respondent appropriate)
profile. Thank you for your interest.) Personal care (e.g. eating, showering,
No, I care / cared for the person as a formal dressing)
volunteer (If no, unfortunately you do not
Mobility (e.g. walking, getting out of bed)
fit our respondent profile. Thank you for
Communication
your interest.)
Cognitive or emotional assistance (e.g.
decision making, managing finances)
Your caring role
Health care (e.g. taking medication)
How many people do you care for?
Reading or writing tasks
________________________________________________
Transport
Household chores
Thinking of the person you provide the MOST Property maintenance
care for: What is this person’s relationship to Meal preparation
you? Other financial support
Parent / parent in law Managing difficult behaviours
Spouse / partner Other_______________________________________
Son / daughter
Brother / sister
Grandparent How long have you been a carer for?
Friend Less than a year
Neighbour 1- 3 years
Other_______________________________________ 4- 6 years
7-10 years
Over 10 years
Thinking of the person you provide the MOST
care for, are you caring for someone:
with disability Do you receive adequate support outside of
living with mental illness work to help you manage your caring role?
who uses alcohol or another drug/s Yes, almost always
who has a terminal or series illness Yes, often
who has a chronic condition
Yes, sometimes
who is frail and ageing
No, rarely
No, never
Not applicable / prefer not to say
On average, how many hours per week do you
spend caring for this person?
________________________________________________
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