Holidays, Coronavirus & Employees
Written by Leah Waller
Senior Employment Consultant Solicitor
As the traditional holiday season is coming up, we thought we would have a look at some of the implications of coronavirus on holidays that employees are hoping to take as employers’ obligations.
We will also be looking at what happens when a country moves from the ‘Green’ or ‘Amber List’ whilst the Employee is on holiday and so their return to work looks very different upon their return to England, to when they exited England…
Many of us haven’t travelled abroad, save for emergencies or necessity, for an extended period due to the pandemic and thus it is not surprising that some are taking the opportunity to book holidays to places that are currently on the ‘Green List’ but what does the traffic light system mean?
If a country is listed, by the Government, as ‘Green’ then that country is considered to have a low rate of Covid-19 infection and therefore there is no need for you to isolate upon your return from that country. Although, you are required to book and pay for a Covid-19 test which must be done on or before your second day back in England (if this test is positive then, of course, you will be required to self-isolate in accordance with government guidelines).
If a country is listed, by the Government, as ‘Amber’ then that country is considered to have unsafe rates of Covid-19 infection and so travel to that country is not recommended. If you do choose to travel to a country on the ‘Amber List’ then you must isolate for 10 days upon your return to England. You must also take a Covid-19 test on or before your second day back in England and another on or after your eighth day back in England (again, this test is positive then, of course, you will be required to self-isolate – if you are not already – in accordance with government guidelines). It is possible to pay privately for the ‘Test to Release Scheme’ to end your self-isolation early, however this test cannot be done until you have been back in England for at least five days.
As you would expect, where someone is self-isolating they cannot leave their home, or wherever they are isolating, to attend work.
So, how do you deal with an employee that goes abroad whilst the Traffic Light System is in operation and has to self-isolate upon their return to England?
Where an employee can work from home, there may be no effect on their employment by their self-isolation. However, where an employee cannot work from home, what options are there?
If an employee cannot work from home, and must self-isolate following their return to England from abroad an Employer could:
- allow the Employee to use any accrued but untaken holiday that the Employee may have;
- allow the Employee to take the leave as unpaid;
- allow the Employee to take advantage of any paid leave that the Company may offer.
What happens about Sick Pay, whilst an Employee is self-isolating following their return from holiday?
If an Employee is self-isolating after travelling abroad, and cannot work from home, then they are not entitled to Statutory Sick Pay. However, if the Employer chooses to pay them Sick Pay, at the same rate as Statutory Sick Pay, then they can do so but this is at the Employer’s discretion.
However, the Employee may be entitled to Statutory Sick Pay where they have Covid-19 symptoms and so it is important to take advice, as an Employer, if you are unsure as to where Statutory Sick Pay can be claimed and paid.