Coronavirus – the employment implications

The global community is on high alert amid the coronavirus outbreak, and Kiwis returning from China have been told to self-isolate for two weeks to cover the incubation period of the virus.

But what are the rules for getting back to work after travelling to a country that has reported cases of coronavirus?

Buddle Findlay employment lawyer Sherridan Cook said the legal and practical issues related to coronavirus and employment were not straightforward.

Can a worker take sick leave if they’ve been asked to be in selfisolation?

An employee who is sick, or who needs to care for a spouse or dependant who is sick, was entitled to paid sick leave under the Holidays Act, Cook said.

‘‘There will be situations in which an employee is not at work because he or she has been exposed to the risk of infection, but neither is actually infected or sick,’’ he said.

In most cases workers were not entitled to paid sick leave if they weren’t sick or injured.

However, given the current circumstances with the outbreak, many employers may agree to recognise this as sick leave.

‘‘Any agreements made should be recorded in writing, even if simply by email or text.

‘‘Even if the employee is not on paid sick leave, the employee may still be entitled to be paid during their absence.’’

Can an employer require an employee to stay away?

An employer may want an employee who is suspected of having come into contact with coronavirus to avoid putting others at risk, Cook said.

‘‘If there is a risk of general infection, or if the workplace is unable to function effectively due to employee absences, an employer may also be justified in closing down the workplace altogether.’’

BusinessNZ manager of employment relations policy Paul

Mackay said that if a worker was not sick, but chose to stay away because of the risk of infection, they could work from home or take annual or sick leave.

‘‘An employer may also be justified in closing down the workplace altogether.’’ Sherridan Cook

Can employers recover lost wages for quarantined staff?

Mackay said employers could consider seeking compensation to cover lost wages.

‘‘If this thing kicks off and large numbers of people have to stay home there will be an impact on business, and the Government has acknowledged through their action plan that government assistance may need to be considered as part of the response.’’

Can employers require you to take annual leave?

Cook said the Holidays Act required the employer and worker to come to an agreement on when annual leave should be taken.

If both parties can’t agree, the employer could direct the worker to take annual holidays on 14 days notice.

Buddle Findlay employment lawyer

But the notice period meant this was unlikely to be a suitable option for dealing with coronavirus.

What can employers do now?

Cook said employers needed to prepare for an outbreak of coronavirus in New Zealand.

‘‘Aside from health and safety considerations, employers would be prudent to recall the overarching obligation of good faith, which applies to all employment relationships, when making decisions on how to deal with individual circumstances.

‘‘Employers are encouraged to discuss and agree a format for dealing with individual risks in a way that is suitable to both parties, whilst ensuring wider compliance.’’