PrintNZ has fielded numerous enquiries over the last couple of weeks about what businesses should be doing about coronavirus and what they should be telling their staff.
Ruth Cobb, general manager PrintNZ, says, “As New Zealand’s fifth case is confirmed, if you haven’t already, all businesses should be putting plans in place, and most importantly talking to your staff about what is happening, and what the process will be if a staff member is exposed to the virus and/or the business is impacted by external sources.
“In particular, the question comes up about whether staff get paid if they are absent due to covid-19 either through self-isolation or sickness.”
PrintNZ has put together a list of some the things you should do now, potential staffing scenarios and things that need some consideration and planning.
What you should be doing now
- Providing a safe and healthy workplace (this is a legislative requirement under the Health and Safety at Work Act and penalties are huge if you are found to be negligent):
- Workplaces must be clean and hygienic. That means that all surfaces such as desks, computers, phones etc are wiped with disinfectant regularly. Ensure your cleaners are aware of your expectations and any increases in the frequency of cleaning, but you also need to ensure product is available if staff prefer to do this themselves more frequently. This will be particularly important in communal areas such as reception, lunch rooms and bathrooms.
- Employees should be reminded to wash their hands regularly for at least 20 seconds with soap and water and dry them thoroughly (preferably with disposable paper towels that go into a closed top container). Again, you need to ensure they are provided with appropriate products and opportunities to do this.
- Contractors and customers should also have access to cleaning facilities either with hand sanitiser or soap/water/drying amenities.
- Remind staff of basic health practices such as covering their mouth when coughing/sneezing or doing so into an elbow.
- Ensure you supply personal protective equipment which in this case will include soap, hand sanitiser, tissues, paper towels and face masks (if you can get them).
- Ensure your air conditioning units are clean and there is good ventilation.
Cobb adds, “Most importantly, start talking to your staff now about options, expectations and scenarios. Consult with them and record the outcome so there are no surprises if they find themselves in a situation where they can’t come to work.
Have a clear process for staff to follow if they are exposed to the virus or if someone at works becomes exposed.
There are essentially four situations: Staff members are exposed but not sick; staff members are sick; staff members are neither sick nor exposed; the business is forced to close
In the first scenario, employees that have been exposed by travelling through Category 1 locations or been in contact with someone with the virus are required to self-isolate for 14 days.
As they are not sick, strictly speaking they are not entitled to sick leave. You can consider whether these people are able to work from home, and if they do you must continue to pay them. If they can’t work from home, you need to consider whether you will grant them special paid leave, or allow them to take annual leave/sick leave (either due or in advance).
In the second case, be clear with your staff that if someone is showing symptoms, they must stay home. In most cases this will mean taking sick leave as they are sick. If they don’t have any sick leave owing you may consider providing sick leave in advance, letting them use annual leave or annual leave in advance. You could also provide additional sick or special paid leave. Remember, you don’t want someone sick coming to work so it is best not to put them in a situation where they feel they need to come to work because they can’t afford to stay home.
Where staff members are neither sick nor exposed but for other reasons need to stay home, for example, because a child care facility or school is closed, you need to consider how this will be managed. If nobody is sick, they don’t have an entitlement to sick leave. Again. you need to consider whether you would allow them to use annual leave, leave in advance or special leave.
In the last case scenario, if the business is forced to close temporarily due to circumstances related to covid-19, i.e. lack of orders/supplies/staff – then you will need to check your employment agreements to review any obligations you have to pay your staff. If you have used a PrintNZ employment agreement over the last nine years, there is a clause near the end called ‘Extraordinary Circumstances’ that will provide you some protection in this situation. If you don’t have this, then you could still be obliged to pay your staff or to run a redundancy process.
She points out two other important points, “The Holidays Act does not allow you to direct an employee to take sick leave, however under the Heath and Safety at Work Act it would be a lawful and reasonable direction to give from a health and safety perspective if they have symptoms, have travelled to an area with a sustained outbreak and been exposed to someone with symptoms. But remember, if an employee is fit and willing to come to work and you direct them not to, then you would need to continue paying them.
“Correspondingly, an employee can refuse to come to work citing health and safety reasons and you would need to continue to pay them. They would have to have show they have ‘reasonable’ rather than ‘remote’ grounds to believe they could catch covid-19
Other points you should consider sooner rather than later:
- Assess critical supply components and identify origin of supply
- Talk to suppliers about possible delays in supply
- Investigate options for alternative supply
- Assess customers and whether shortages in supply will affect their businesses, and in turn yours, and the impact this may have.
- Assess impact of staff absences
- Offer flu jabs to your staff – coronavirus is most serious when it accompanies another respiratory illness.
- Consider whether travel restrictions are appropriate
- Consider limiting staff involvement in events that involve large numbers of people.
Useful Links:
https://www.who.int/emergencies/diseases/novel-coronavirus-2019
https://www.who.int/emergencies/diseases/novel-coronavirus-2019/advice-for-public
https://www.health.govt.nz/our-work/diseases-and-conditions/covid-19-novel-coronavirus
Cobb adds, “It is impossible to cover all the scenarios that may arise. If you have any specific questions, please don’t hesitate to give me a call.”
