The Government have introduced new Covid-19 isolation guidelines where:
- The isolation period for Covid-19 cases in the community is at least 14 days, including 72 hours symptom-free.
- Household members of a person with Covid-19 will need to remain in isolation for at least 10 days after their family member or household member has been released as a case. This means they will need to be in isolation for longer than the person that had Covid-19 will.
In summary, people may be required to remain in isolation for up to 24 days if a member of their household becomes infected with Covid-19. This could be problematic for not only employees but businesses too. Because employees are only entitled to 10 days paid sick leave per year under the Holidays Act 2003 and subsidies are only available if a person who is required to isolate tests positive for Covid-19, businesses may find themselves in a situation where staff do not have enough sick leave to cover their isolation period, and the business is without a substantial portion of their staff for the better part of a month.
What should businesses do about sick leave and isolation periods?
All options available to the employee should be assessed with the employer. This includes using outstanding sick leave or allowing the employee to take annual leave. If these options are not available or the employee is not agreeable because they do not wish to use all of their outstanding leave entitlements, the employer should consider whether it is practical for the employee to work from home for the required isolation period.
1) Compliance with public health guidelines for Covid-19 is required
Businesses should not require their employees to come into work when they are sick with COVID-19 or required to self-isolate under the public health guidelines for Covid-19 because this could be in breach of their obligations under the Health and Safety at Work Act 2015.
2) Paid leave or partial payment options
In some circumstances, working from home will not be practical or possible. Employers could consider special paid leave or partial payment. This could also be used in conjunction with other types of leave to help share the financial burden. If this type of payment or leave is granted and is not provided for in the employees Individual Employment Agreement, then a variation to the agreement will be required. The variation would record the specifics of the agreement and the period of time it applies to.
3) Notice must be given if you require employees to take annual leave
If all other options have been exhausted and no agreement has been reached to cover the full isolation period, then the employer may consider putting the employee on notice that they are required to take annual leave. At least 14 days’ notice must be given in accordance with the Holidays Act 2003. Hence, this would only cover the final 10 days or less of the required isolation period for household members of a person with Covid-19, dependent on when the employer decides to give notice. Therefore, this may be an issue that the employer should consider and discuss with employees in advance, provided that both parties are aware that circumstances may change and require a different approach than expected.
It is important to deal with these matters in good faith in accordance with both parties’ obligations under the Employment Relations Act 2000. This includes communicating openly and honestly with each other.
If you require advice in regard to your obligations and options for isolation periods as an Employer or an Employee, get in touch with our employment team on 03 3697469
Prev Article