Coronavirus and Employee Absence Update

Coronavirus and Employee Absence

A much-needed Guidance Notice has just been published by the Workplace Relations Commission with regard to employer and employee response to Covid-19. It can be viewed here.

A key employment issue with regard to Covid-19 is whether or not there is an employee entitlement to pay during a period of absence from work as a result of Covid-19. Specifically, this issue relates to a scenario where an individual employee is not medically certified as being ill but remains at home from work due to the requirements of precautionary measures enforced by an employer who is following the advice of the Health Service Executive or the HSE's Health Protection Surveillance Centre.

The legal position is as follows:

Employees absent from work due to infection control reasons, do not have a statutory right to be paid by their employer. In addition, where the employer is unable to provide work for the employee, that employer in those circumstances may place the employee in an unpaid 'layoff' period. 

Given this statutory position, it is advisable there should be active and flexible engagement between the employer and employee to resolve any issues that may arise. Examples of such active and flexible engagement include the following:

• The employee works from home where this is possible;
• The employee works from a remote or alternative location where this is possible;
• The employee takes holiday leave, thus avoiding employee loss of earnings;
• Particularly with regard to part-time employees, the employee and employer arrange that hours and days lost can be worked back;
• The employer arranges alternative opening days on days when the workplace is ordinarily closed. 

This is an area that may be subject to legislative amendment and revision and consequently should be viewed by employers and employees as one that should be kept under review.

Rob Michael