The employment leave implications that have arisen due to the current swine flu pandemic have left employers and employees wondering where they stand.  The issues have yet to be tested in the courts, and employers and unions are demanding guidelines as to how the situation should best be dealt with.  In the meantime we suggest employers and employees negotiate with each other in good faith to best accommodate the situation.

The current situation is as follows:

Employees That Are Sick With The Swine Flu 

• Under new regulations people suspected of having Swine flu can be forced to stay away from work in isolation
• Employees are entitled to a minimum of 5 days’ sick leave a year
• Employees are entitled to take sick leave, once this has run out they can then take annual leave
• If the Employee has used all their sick leave and annual leave, there is no obligation on the employer to pay the employee, however whether they do or not depends on the employer and their circumstances
• Employees in hardship because of a swine flu outbreak may be eligible for emergency benefits from WINZ.

Healthy Employees Sent Home As A Precaution

• Under new regulations people suspected of having swine flu or who have come into close contact with someone who has swine flu can be forced to stay away from work in isolation
• It has not been tested whether there is any obligation on the employer to pay the quarantined employee, however, whether they pay voluntarily or not depends on the employer’s circumstances.
• Employees in hardship because of a swine flu outbreak may be eligible for emergency benefits from WINZ.
• Employers should also take practical measures to assist the employee to work from home

Parents/Caregivers With Children/Dependents Who Are Sick Or Have Been Sent Home To Isolation

• If a child/dependent has been sent home sick a parent/caregiver will be able to claim sick pay
• Parents can use annual leave for either situation above but should negotiate with their employers
• If the Employee has used all their sick leave and annual leave, there is no obligation on the employer to pay the employee, however whether they do or not depends on the employer and their circumstances
• Employers should take practical measures to assist the employee to work from home
• Employees in hardship because of a swine flu outbreak may be eligible for emergency benefits from WINZ.

Employers can take practical measures to avoid the spread of swine Flu in the workplace, such as providing sanitizer, face masks and education on how to avoid spreading the virus.  It is also a timely reminder for all employers to review their health and safety policies and if necessary update them to address the situation when a health pandemic is announced.

Whether you are an employee or an employer and you would like to discuss this further, or enquire about any aspect of employment law, please call us for a relaxed and confidential initial chat.