Healthy workers sent home because of swine flu in the workplace could still be paid, an employment lawyer says.
Buddle Findlay employment lawyer Iris Reuvecamp said the issue had not yet been tested in the courts and was dependent on negotiations between employers and employees.
"The view that we take is if the employer makes that decision to send you home, and there's no ability for you to work from home, then probably the employer is going to have to pay you," Ms Reuvecamp said.
She said that was subject to employment contracts and any future legislative changes that could arise if the Government declared an emergency.
"It's all very well to say this is the law but the reality is, how is this going to work in practice? and they [employers and employees] will have to nut this out together," Ms Reuvecamp said.
But if an emergency was declared by the Government and the Medical Officer of Health began closing workplaces, then Ms Reuvecamp said the issue would be taken out of the employer's hands.
She said in workplaces closed by the Government staff might not receive pay once they had used up their annual leave and sick leave.
Ms Reuvecamp said there was also a potential danger that employers could take advantage of the swine flu pandemic and close workplaces to cut labour costs.
She said that would contravene the obligation of good faith and an employee should take that to the employment relations authority or their union.
There is also a conundrum for working parents.
So far Ranui Primary School, part of Westlake Girls High School, St Patrick's School and Kowhai Intermediate in Auckland have been closed.
Working parents having to care for children who are not sick but have been sent home, are not technically covered by the Holidays Act.
The Act stipulates that sick leave can be taken if: "a person who depends on the employee for care is sick or injured".
It does not cover parents whose children are not sick but have been sent home from school.
Ms Reuvecamp said parents could use annual leave but should negotiate with their employers.
Swine flu spread
The total of confirmed cases of swine flu rose by 31 to reach 117 yesterday, up from 35 last Friday when the number began rising fast.
To try to limit spread of A/H1N1 flu, health officials closed two more schools because of confirmed cases: Ranui Primary School in West Auckland for the rest of this week, and Bromley School in Christchurch for seven days. Factory workers at a Christchurch seafood business have been sent home after two cases of swine flu were confirmed.
The Dominion Post reports one child was in isolation last night after testing positive for swine flu and one room in the children's ward at Wellington Hospital was put in lockdown.
The Capital and Coast District Health Board said the child tested positive for the H1N1 virus, and another who shared the same ward was being treated with Tamiflu in isolation at home.
Staff who had treated the sick child were also in quarantine. A hospital spokesman said there was no reason to suspect that any other children had come into contact with the patient.
In Auckland, St Patrick's School in Panmure, Auckland, remains closed and several other schools are without groups of students: Burnside High in Christchurch, Kowhai Intermediate in central Auckland and, on the North Shore, Westlake Girls, whose Year 12 and some others are in home isolation.
One of the suspected Westlake cases is being treated with Tamiflu but the public health nurses have not tested her. The girl said the lack of testing was irresponsible because the suspected cases had been in contact with their families and many other Westlake students.
Michael Park School in Ellerslie reported last night that a teacher had presented sick and been sent home with Tamiflu. But as the teacher had not been confirmed as carrying swine flu, the school was not intending to send students home.
Auckland Public Health clinical director Dr Julia Peters said that now the number of cases was rising fast, she had to prioritise resources and that meant restricting laboratory testing.
Suspected cases in primary care were still being tested, but in clusters like those at Westlake Girls and St Patrick's it was unnecessary to test everyone.
Once a case was confirmed, others with flu-like symptoms who had had contact with that person could reasonably be assumed to have the disease and treatment could begin.
This change in practice as the pandemic escalates reflects Dr Peter's confirmation in the Herald yesterday that her staff were now reserving Tamiflu for those with symptoms. At first it was also given to contacts of the sick.
Dr Peters also reacted strongly to reports that a Westlake student was denied entry to a bus and that some other schools did not want to play sport against Westlake for fear of spreading swine flu.
"It's very unfortunate that there's this victimising of people who are at no greater risk than the rest of the community. All the girls at Westlake who are not institutional contacts [of a swine flu case] should be going to school. They are well."
The Health Ministry gave warning yesterday against deliberately contracting swine flu, as unnecessary absences from work and school would cause problems for the community.
*Infection Q&A
How long is the incubation period?
Typically 3-4 days, but can be just 1.
When do you become infectious?
One day before symptoms start.
For how long are you infectious after symptoms start?
Up to 7 days; and up to 10 days for children under 5.
How long do symptoms last?
Typically 7 days.
When do you stop being infectious if you are treated with Tamiflu?
72 hours after starting the medicine.
Source: Ministry of Health estimates
- With Martin Johnston and NZPA
Do you know anyone with swine flu?
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