NI employees advised by doctors to take time off from work because of coronavirus have no legal right to pay

People working in Northern Ireland could face disciplinary action if they refuse to go to their place of work because of the deadly coronavirus, according to the Labour Relations Agency.
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The LRA published the advice following a query submitted by the News Letter on Tuesday.

What should employees and employers do in the event of a coronavirus outbreak in Northern Ireland?

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“If the risks of catching coronavirus in the workplace increase, for example with cases of the virus developing in Northern Ireland, employers should discuss the risks with staff and try to resolve any genuine concerns,” said the LRA.

“It may be possible, for example, to offer the option of homeworking, or alternatively the employer might be willing to allow paid holiday leave or unpaid leave.

Employees should be aware, however, that if they simply refuse to come to work, it could result in disciplinary action.”

Will I still get paid if my GP or another professional advises me to take time off from work because of coronavirus?

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“Employees who are not sick, but have been advised by doctors to self-isolate, or have had to go into quarantine, have no legal right to pay,” said the LRA.

“However, in this case employers should follow best practice and treat it as sick leave or agree for the time to be taken as holiday leave.

“An employee who is concerned about not getting paid might come to work against advice, and could then spread the virus to other staff.”

What are my rights if my employer tells me not to come into work because of the coronavirus?

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“If an employer requests that an employee not come in to work, for example, if the employee has just returned from a location where there are known cases of coronavirus, the employee should be paid as usual.”

The World Health Organization says the official name for the disease caused by the new coronavirus is Covid-19. (Photo: Andrew Quinn/JPI Media NI)The World Health Organization says the official name for the disease caused by the new coronavirus is Covid-19. (Photo: Andrew Quinn/JPI Media NI)
The World Health Organization says the official name for the disease caused by the new coronavirus is Covid-19. (Photo: Andrew Quinn/JPI Media NI)

What happens if I test positive for coronavirus?

“If an employee develops coronavirus normal sickness policies and procedures should be followed and the employer should implement sick leave and pay entitlements,” said the LRA.

Further information

For any queries relating to employment legislation and best practice, for example regarding working from home in a self-isolating context, contact the LRA’s Workplace Information Service on 03300 555 300.

It is always recommended to follow the Public Health Agency’s advice to wash hands thoroughly with hot water and soap and to use and then bin tissues if sneezing and coughing.

People returning to Northern Ireland from affected regions and surrounding countries can contact the PHA’s helpline 24/7 on 0300 200 7885.

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