By Aimee Elia - 14 May 2020
New Zealand entered alert level 2 at 11.59 pm last night
and with that change, most businesses will be able to open their
doors to customers for the first time in six weeks. Schools are
also set to welcome back students as of Monday 18 May. While
the relaxation of restrictions are welcome, we are not entirely out
of the woods yet. Businesses and schools will have strict health
and safety management plans in place to reduce the potential spread
of COVID-19. For some people, this will mean they cannot attend
work/school if they are unwell, or until they have been tested and
cleared for the virus.
If your workplace has reopened but you cannot attend because you
are awaiting test results or you have been in close contact with a
person who has been confirmed to have the virus, you will
undoubtedly be considering whether you're entitled to paid leave
while you are away from work.
If you are absent from work because you or one of your
dependants is sick, you should have your leave paid in accordance
with the Holidays Act or as provided for by the Leave Subsidy
Scheme outlined below.
If you are entitled to sick leave, this should be paid as per
usual. If you are not entitled to sick leave you can discuss with
your employer whether special paid leave is available or you might
request annual leave instead.
If you have no entitlement to sick leave or annual leave, your
leave may be unpaid unless your employer can access the Leave
Support Scheme which has now been extended from essential
businesses, to all businesses that meet the eligibility
criteria.
Your employer may be able to access the Leave Support Scheme if
you:
- Are at higher risk if you get COVID-19;
- Come into contact with someone who has COVID-19 and as a
result, must self-isolate for 14 days;
- Have tested positive for COVID-19 and must remain at home
until cleared by a health professional; or
- Have household members who are at higher risk if they get
COVID-19.
Employers can apply to Work and Income for assistance in paying
wages for a four week period at the same rate as the Wage Subsidy
Scheme if they, and the employee, meet the criteria for the scheme.
However, they cannot apply for both the Wage Subsidy and Leave
Subsidy for the same employee at the same time.
Your employer is required to discuss this with you and obtain
your consent prior to applying for the subsidy.
This note is only an overview of your options. If you have a
specific concerns, we recommend you seek legal advice.
Contacts
Aimee
Elia
Claire
Mansell