The World Health Organisation has officially declared a swine flu pandemic. In the event your business is affected by swine flu, employers should keep the following in mind:
- Employees displaying flu symptoms can be sent home from work, particularly as employers have obligations under the Health & Safety and Employment Act 1992, which requires employees to take all practical steps to ensure the safety of employees at work.
- Employees who are unwell and are directed not to attend work can use their sick leave in the usual way. Strictly speaking, where an employee is unwell and has used their sick leave, they are not entitled to be paid.
If an employee is not sick but is sent home because they have been quarantined, it is likely the employer will remain liable for their salary or wages.
© DLA Phillips Fox
DLA Phillips Fox is one of the largest legal firms in Australasia and a member of DLA Piper Group, an alliance of independent legal practices. It is a separate and distinct legal entity. For more information visit www.dlaphillipsfox.com
This publication is intended as a first point of reference and should not be relied on as a substitute for professional advice. Specialist legal advice should always be sought in relation to any particular circumstances.
