Workers absent due to coronavirus may not have legal right to pay

Workers who have to stay away from work as a result of precautionary measures taken to deal with Covid-19 may have no legal rights to be paid by their employers unless this is set out in their contracts, the Workplace Relations Commission (WRC) has advised.

In a guidance note in relation to the Covid-19 outbreak the WRC said in the first instance pay arrangements between employers and employees during periods of illness -related absences were dependent on terms and conditions of the contract of employment, subject to obligations set down in law.

The Irish Congress of Trade Unions (Ictu) on Tuesday urged the WRC to give strong consideration to the development of a statutory code of practice to govern pay for workers affected by the coronavirus.

Ictu general secretary Patricia King said such a code would "provide clarity for all concerned, and avoid different employer approaches to this serious matter".

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“It is our view that in circumstances where an employee contracts this virus the normal condition for sick leave applies.

“In cases of enforced absences, ie. where there is direction and/or medical advice for an employee to self-isolate, then normal pay should continue to be paid. This should also apply where an employee self-isolates in accordance with the up-to-date guidance of the HSE,” Ms King said.

Special leave

Separately, the National Bus and Rail Union urged management at the State transport companies Dublin Bus and Bus Éireann to put in place arrangements similar to those agreed between nurses and the HSE that the enforced absence of staff due to the coronavirus would be considered to constitute special leave with pay.

The Department of Health has advised that anyone who has been to an affected region abroad in the last 14 days and is experiencing symptoms should self-isolate and call their GP.

The Department of Public Expenditure is expected to release guidance on Thursday on the issue of pay and absences on foot of the coronavirus for all State employees.

In its guidance the WRC said: “Where not covered under a contract of employment or an agreed attendance policy, there is no statutory entitlement for an employee to be paid by their employer in the event that they are absent from work. This may also be the position where an employee is unable to attend work as a result of precautionary measures taken in line with HSE or Health Protection Surveillance Centre advices.”

Flexible

The WRC said that in such circumstances employers and their employees should engage proactively and work to be as flexible as possible to resolve any issues arising at the level of employment and explore options such as:

*Working from home or other remote working arrangements where feasible and practical;

* Working from an alternative location where feasible and practical;

* Agreement to work back the hours/days lost;

* Alternative opening days on a day where the business is normally closed;

* The taking of leave to avoid employee loss of earnings.

The WRC said in situations where a business’s ability to provide work to its employees is impacted, an employer may put employees on a period of “layoff”. Periods of layoff are unpaid. There are a number of social welfare payments that employees may potentially be entitled to, it said.