Covid and Employment - The Omicron Edition

Icehouse Coach Robyn Young and the team at Robyn Young HR have put together this blog to help you figure out how to tackle new and existing HR issues related to Covid. This article first appeared on the Robyn Young HR website.

Your Covid Documents

Covid Risk Assessment

Regardless of whether you are or are not a mandated business (as per the Covid-19 Protection Framework / “Traffic Light System”), a Covid risk assessment is central to your decision making when it comes to employees and vaccinations in the workplace. 

Our advice, get on to this now! 

There are a few useful tools available to help you complete your risk assessment:

Government Vaccination Assessment Tool

Worksafe Guidance

Covid Vaccination Policy

We recommend all employers have a Covid Vaccination Policy. 

More paperwork you say!!?? Why? It makes it very clear what your process is and what people need to do in various situations. If you write your process down though, you need to follow it!

Reviewing your risk assessment or policy

While you may have only just finalised these documents, as Covid evolves, your risk assessment and policy also need to evolve.  Tip: these documents need to be written with this in mind.  A review might be needed now or soon, e.g. to cover booster shots or masks.

Talk to your team

This is rule number one. Whatever you are considering, whether it’s a risk assessment, policy, or changes to either, you must consult with your team.

Need help?

If you find this job quite tricky, you are definitely not alone!  We’ve helped many clients work through the confusion and worry.  Give us a call and we can help you get this sorted. 

Check and plan

This is a daunting prospect, with few easy or comforting answers.  That said, we’ve got through some crazy Covid times already and we can do it again.

Things to work through:

• Encourage vaccinations and boosters.  Employees are entitled to be paid if they need to do this during work time.
  
  

• Review your “controls” from your risk assessment. Talk to the team - get things clear in everyone’s minds. Make changes if needed.
  
  

• Plan for team absences at various levels.  Useful questions we’ve thought of are:

  • What cover might be needed? 

  • Who else can do key tasks?

  • What else is needed to keep the wheels turning? 

  • What work can be put on hold or stopped for a period of time?

  • Do any other changes need to be made? 

  • How and when do you communicate with clients / customers / suppliers?

  • Are the team ready and up to date with your plan?

   

• What is your plan when someone tests positive in your team or workplace?
  
  

• Are your working from home arrangements ready to go? 

  • Which roles and people can work from home?

  • What do people need to work from home?

  • How are people feeling about working from home?  Everyone deals with this differently.

  • How are you going to keep in touch with each other? Any potential IT glitches to sort?

Preparing for employee absence

We know that when Omicron is in the community there is a sharp increase in the number of employees needing time off.  This is an employer’s nightmare.  There is confusion and worry out there about this. Here are the key points.

Self-isolation Rules

There are currently three common scenarios which apply to Covid.  Each has their own set of guidance provided by the Ministry of Health. For more details head to their website.

1.       Testing positive for Covid

After a positive result, follow medical advice and take care of yourself.  You need to self-isolate for at least 14 days, including being symptom free for 72 hours.

2.       Being a close contact (household)

Get tested, follow medical advice and take care. Self-isolate for 10 days from the date the close contact has been “released as a case” (i.e. symptom free and not contagious).

The Government have indicated that they are reviewing the definition of a ‘close contact’.

3.       Being a casual contact

Mask up, scan and keep your distance from others.  Monitor for symptoms.  Get tested if symptoms appear.

Employee leave entitlements for Covid

There are a few scenarios that might play out which we have summarised here.  If your situation is different or if you are simply unsure (you won’t be alone here), get in touch.

1.       Testing positive for Covid

a) If your employee is sick and unable to work from home, they can use their paid sick leave entitlement. If their paid sick leave runs out, they would be on unpaid sick leave or you could agree for them to use their annual leave.

b) If your employee is caring for someone (a dependent) who is sick with Covid, they can use their paid sick leave entitlement. If their paid sick leave runs out, they would be on unpaid sick leave or you could agree for them to use their annual leave.

c) If your employee is well and able to work from home, they are paid as they normally would be. Happy days!

2.       Self-isolating

a) If your self-isolating employee is well and can work from home, they are paid as they normally would be. Happy days again!

b) If your employee is caring for a dependent who is self-isolating but not sick (i.e. a child or spouse), they could work from home and be paid normally. If they are unable to work because the dependent is sick or they cannot work from home, they could use their paid sick leave, or their paid annual leave entitlement with your agreement (as it would probably be short notice), or take unpaid leave.

c) If your self-isolating employee is unwell, they can use their paid sick leave entitlement.  If their paid sick leave runs out, they would be on unpaid sick leave or you could agree for them to use their annual leave.

d) If your employee is well but must self-isolate or quarantine and cannot work from home, this is where it gets more difficult.  Currently there is no clear legal advice on this.  If you have a situation like this in your team, we recommend you get advice. 

Depending on the circumstances, it could be argued that an employer will not be obliged to pay the employee because they are not “ready, willing, and able” to work. 

What is important is that you keep talking to your employee and reach an agreement about how they are paid.  An employer cannot make a change to an employees pay without consultation and agreement (this rule is very clear).  A couple of ideas are using an employee’s annual leave to cover some or all of the time away from work, or agreeing a temporary reduction in pay.

3.       Getting a Covid test

If one of your team needs to leave work to get a Covid test and self-isolate until they receive their results, you must pay them for the time taken to get the test (including travel). 

The self-isolation steps would then apply until they get their results.

Sick leave entitlements

The Holidays Act states that after 6 months continuous employment, an employee is entitled to 10 days paid sick leave per year.  This can be accrued (carried over) up to a maximum of 20 days.

If an employment agreement includes more paid sick leave than the statutory minimum (see above), then that is what applies.

Financial Support for Employers

There are currently two options for employers to access financial support from the Government.  If you do receive any support, there are clear rules that an employer must follow.

Short Term Absence Payment

Generally speaking, this is when someone is waiting for a test result.  For details see the Work and Income website.

Leave Support Scheme

This funding relates to when employees need to self-isolate and cannot work at home. For details see the Work and Income website.

Still have questions or need advice? Head to the Robyn Young HR website.

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