Swine Flu Calls for Proactive Employer Approach

11 June 2009
Press Release
Barbara Buckett & Associates, Barristers and Solicitors
Available for Immediate Use

Swine Flu Calls for Proactive Approach by Employers

The actions of New Zealand Qualifications Authority in placing 29 staff members in quarantine on full pay were sensible, says Barbara Buckett, employment law expert and Principal of Barbara Buckett & Associates Barristers and Solicitors.

Employers are obliged to have robust policies in place for dealing with pandemics and similar threats as part of their obligations to provide a healthy and safe workplace. The actions of NZQA in this instance, particularly encouraging staff who had been in close quarters with an infected staff member to take time off work on full pay, effectively ensured that the virus did not spread any further. This would discharge their health and safety obligations to other employees, and ensure a quicker resolution to the threat and return to a productive workplace.

A legal obligation to pay employee’s who are off work with swine flu will not arise in every case. Where an employee has contracted the virus following an overseas trip, the misfortune is likely something that can be covered by ordinary sick leave. However, if the virus has been contracted through the workplace, particularly as a result of an employer’s failure to have an adequate pandemic response plan in place, it is arguable that the illness is as a result of the employer’s default. In that instance it is conceivable that the employer could be responsible for any losses incurred, in particular the employee’s wages.

Barbara Buckett says that the outbreak of swine flu should be the catalyst for reviewing or implementing more robust health policies in the workplace. While some workplaces may already have wellness policies in place, the focus of those policies is often directed towards getting staff back to work rather than keeping them away. In the case of swine flu it may be better to follow the example of NZQA, and ensure the virus stays out of the workplace altogether.

Often people limp to work, sick because they may have exhausted their sick leave, don’t want to use it all up, or lose pay. Against a threat such as swine flu, an employer needs to take a proactive approach. The best solution may be simply for an employer to encourage infectious people not to come to work at all.

ENDS

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