Swine Flu - Problems for Employers and Employees
Can an employee be told to stay at home if they contract or are likely to contract swine flu?
An employer is legally obliged to provide a safe place of work for employees under the Safety, Health and Welfare at Work Act 2005 and in complying with this legal obligation the employer can insist on an employee remaining away from the work place to protect the other members of staff. Regard should however be had to the contract of employment.
If the contract of employment permits and if it is possible to do so, arrangements can be made to allow the employee work from home. If there is no such contractual clause, agreement can be reached between the employee and employer to do so, however it is essential that both parties consent and agree.
High risk employees as in the case of pregnant women, should be offered suitable alternative employment on a temporary basis or granted health and safety leave if the employer is concerned that there may be a risk of these employees contracting the virus in the place at work.
Is an employee entitled to sick pay if absent due to swine flu?
It depends on whether there is a sick pay policy in place. There is no statutory entitlement to paid sick leave under Irish law. Given the serious implications of an outbreak of swine flu in the workplace, it may be worthwhile for some employers to consider introducing a temporary sick pay policy to discourage employees returning to work prematurely. Any temporary change should be expressly stated in writing to prevent the change becoming permanent. Advice should be obtained.
Employees with sick children.
Parents whose children are sick may be entitled to force majeure leave under the Parental Leave Act 1998. A parent is entitled to 3 days leave in any 12 month period or 5 days over a 36 month period where, for urgent family reasons, owing to an injury to or the illness of a person, the immediate presence of the employee at the place where the person is, whether at his or her home or elsewhere, is indispensable. In the case of swine flu, the conditions necessary to comply with force majeure may not be sufficient. It may be necessary for employers to consider temporarily amending existing policies to allow emergency leave periods.
If any of these issues affect you and you require further advice, please do not hesitate to contact our Employment Law Team to discuss further. Act safe and take advice!
10/09/09