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Coronavirus: What are your workplace rights?

12:27, 03 March 2020

updated: 14:10, 03 March 2020

After the first case of coronavirus was diagnosed in Kent this week, just what are your employment rights if you go down sick with the bug?

The government this morning warned that a fifth of the British workforce could be off work at the peak of the outbreak - in a worse-case scenario.

Advice for firms in light of the coronavirus threat have been issued
Advice for firms in light of the coronavirus threat have been issued

And with workplaces encouraging more and more staff to work from home to cut down the risks, a personal finance expert has provided his advice.

Salman Haqqi works for the website money.co.uk. He explained: “Normal sick leave and rights to pay should apply if you contract coronavirus (COVID-19), but checking in with your employer now is a good idea to understand your company’s sickness policy.

“If you have or do contract the virus, you need to let your bosses know as soon as possible that you are not able to work. However, if you are not actually sick, but have been told by a medical expert to self-isolate, unfortunately there is no legal right to pay but you should check your company’s policy for clarity.

“If you are quarantined abroad and not allowed to travel, most employers will treat it as sick leave and follow their usual sick pay rules or agree for the time to be taken as holiday.

“Employers are also being encouraged to make allowances if their company absence and sickness rules require proof from the employee. If an employee cannot get a sick note because they've been told to self-isolate for 14 days, allowances should be made.

The first confirmed case of coronavirus was made this week
The first confirmed case of coronavirus was made this week

“If an employee isn’t sick but is told by their boss not to come to work as a preventative measure, they will likely get their usual pay. But always ask for formal written permission, should you need it.

“Employees are entitled to time off if a dependent, such as a child or elderly parent, is sick and needs their help. If your dependent needs to be isolated or your children’s school has closed and you have to arrange childcare, the same rules apply.

“There is, however, no statutory right to pay for this time off, but many employers will offer pay depending on the contract or workplace policy. The amount of time off an employee takes to look after someone must be reasonable for the situation.

“As the situation with coronavirus is constantly evolving, as best practice, employers should regularly update their workforce with advice from Public Health England, as well as any changes or impact this advice has to internal sickness policies.”

The latest advice on certifying absence from work from Public Health England is:

The Covid-19 outbreak originated in Wuhan, China
The Covid-19 outbreak originated in Wuhan, China

- By law, medical evidence is not required for the first 7 days of sickness. After 7 days, it is for the employer to determine what evidence they require, if any, from the employee. This does not need to be a fit note (Med 3 form) issued by a GP or other doctor.

- The employee will be advised to isolate themselves and not to work in contact with other people by NHS 111 or PHE if they are a carrier of, or have been in contact with, an infectious or contagious disease, such as COVID-19.

- We strongly suggest that employers use their discretion around the need for medical evidence for a period of absence where an employee is advised to self-isolate due to suspected COVID-19, in accordance with the public health advice being issued by the government.

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