Guidance for the workplace
We all need to do what we can to contain COVID-19 and protect public health in New Zealand, by supporting workers to protect and, where necessary, isolate themselves from others.
Employers should ask workers whether they are intending to go overseas on leave and workers should tell employers if they plan to do so. Employers and workers should take into account current government advice that New Zealanders should avoid all non-essential travel overseas. They should also consider that workers may also be caught in other countries’ travel restrictions. For workers planning to holiday in New Zealand, leave can proceed as planned.
Employers must take seriously and manage the health risks to workers and other people affected in the workplace and treat employees in good faith. Employers should plan ahead and work with workers and unions for likely scenarios of COVID-19.
If a worker is sick with COVID-19, or has been advised to self-isolate under Ministry of Health guidelines for COVID-19, the first consideration for an employer should be to look after people, contain COVID-19 and protect public health.
Employers should not require or knowingly allow workers to come to a workplace when they are sick with COVID-19 or if they have been advised to self-isolate under public health guidelines for COVID-19. If they do, they are likely to be in breach of their duties under the Health and Safety at Work Act.
Employers and workers should consider whether working from home is practicable during the self-isolation period. In that case, the worker would be paid normally.
If an employer requires an employee not to come to a workplace, an employee should be paid. Paid sick leave (and anticipated sick leave) may be used if the person is sick or needs to care for a sick dependent.
If paid sick leave is not available, paid special leave should be considered. Other forms of paid leave can be used by agreement between the employer and the employee. If an employee, who has been advised to self-isolate under Ministry of Health guidelines for COVID-19, can’t practicably work from home, then special paid leave should be considered. Other forms of paid leave can be considered (such as paid sick leave) and used by agreement between the employer and the employee.
Where a worker has not yet left New Zealand, but intends to do so, an employer may advise the worker that if they cannot agree how to manage the self-isolation period, then this will become unpaid leave. An employer may decline a new leave request for business reasons, where it is reasonable to do so.
Contractor pay and leave is not covered by this guidance. Employers and contractors can agree to any payment arrangements they wish to.
Employment situations that may take place
For any further questions about employment rights and responsibilities, contact Employment New Zealand.
Guidelines for for cafes, bars, hospitality
The Government and the hospitality industry have worked together to produce guidelines to assist with managing and reducing transmission of COVID-19, Health Minister David Clark announced today.