COVID-19 FARM EMPLOYER FAQ - FEDS INFORMATION SHEET - NZ Thoroughbred Breeders
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1 COVID-19 FAQ
FEDS INFORMATION SHEET
COVID-19
FARM EMPLOYER FAQ
Key facts
The situation with COVID-19 is fast-moving and therefore there is the potential for the information provided to be
superseded as the situation develops. We recommend individuals take professional advice on their own individual
circumstances, and review the updated information available from government websites including:
- www.health.govt.nz – Ministry of Health website;
- www.safetravel.govt.nz – Ministry of Foreign Affairs and Trade website
- www.winz.govt.nz – financial support
- www.employment.govt.nz – information for employers and workers
- www.privacy.org.nz – information on disclosure of personal information
Business continuity: The COVID-19 Leave Payment Scheme is designed to help people who should self-isolate, but
otherwise might be deterred because of financial reasons (e.g. potential loss of employment or being required to
take leave without pay). The COVID-19 Wage Subsidy Scheme has been developed to help businesses and affected
workers in the short-term, as they adjust to the initial impact of COVID-19. Further information is available at www.
winz.govt.nz.
Financial support: New Zealanders who require emergency financial assistance because of COVID-19 are
encouraged to contact Work & Income by telephone 0800 559 009. This includes employers. Work & Income has
rapid response teams throughout the country that can provide support and advice, including where employers need
to consider redundancies or reducing peoples’ hours.
Key messages for employers:
1 Key employer statutory (legal) obligations will likely arise under:
a. Health and Safety at Work Act 2015 (HSWA) (providing a safe workplace);
b. Employment Relations Act 2000 (ERA) (the duty of good faith); and
c. Holidays Act 2003 (HA03) (leave entitlements).
2. Providing a safe workplace and protecting workers from potential harm arising from COVID-19 must be a primary
consideration. Employers must take all reasonably practicable steps to avoid the risk of harm to workers, which
includes potential exposure to COVID-19.
3. Effective communication with workers – particularly around issues that may adversely affect them – remains a
key good faith obligation. This includes providing updates on the potential impact of COVID-19 on an employer’s
business/operations, as well any specific matters that will affect individual employees.
4. Although employers should do what they can to accommodate workers affected by COVID-19 (see below), if a person
is not ready, willing, and able to work, then an employer is not obligated to pay them (assuming they have no relevant
leave entitlements). However, an employer should explore their eligibility to apply for and offer paid leave to affected
employees under the COVID-19 Leave Payment Scheme.
Federated Farmers of New Zealand (19 March 2020)2 COVID-19 FAQ
Frequently asked questions
Issue Advice
My employee is sick with - The employee should not attend work.
COVID-19.
- The employer may request medical confirmation of the employee’s
In this example, an employee has diagnosis.
notified the employer they are - The employer should request medical clearance before the employee
sick with COVID-19. returns to work, and should take precautions against contamination
(see www.health.govt.nz).
- The employer should liaise with the employee regarding leave
entitlements and try to agree which, if any, should be used (employee
should generally be able to take any sick leave or annual holidays
entitlement, but cannot be directed by the employer to use
entitlements). If an employee has insufficient leave balance to cover
their time off, an employer could consider offering sick leave or annual
leave in advance.
- If the employee does not have leave entitlements (or doesn’t have
sufficient entitlements), the employer should consider whether paid
discretionary leave is a reasonable alternative. Discretionary leave
is not a legal requirement, but rather paid time off provided solely at
the discretion of the employer which is not deducted from any leave
balances. These payments would ordinarily paid in a similar fashion to
annual leave, at the employee’s normally pay rate.
- If the employee’s condition improves (within the period of self- isolation
and/or treatment), and the employee is willing to work remotely, the
employer should consider whether remote work or alternative working
arrangements are possible. It should discuss this with the employee,
and potentially seek medical clearance before remote/alternative work
commences to ensure the employer is not working while unwell.
- The parties should remain responsive and communicative throughout
(i.e., the employer should communicate with the employee and check
up on the employee from time to time and inquire into condition and
prognosis).
- Employers with employees who cannot work due to COVID-19 and/or
needing to self-isolate may be to apply for government support to pay
these employees while they are not working under the COVID-19 Leave
Payment Scheme.
My employee has been advised to - The employee should not attend work and should have notified the
self-isolate, but may not be sick. employer they have been advised to self-isolate under public health
guidance.
In this example, an employee
has been advised to self- isolate - If the employee is not sick and remote work is feasible, the employer
because of public health should consider alternative working arrangements to enable the
guidance. employee to continue working and receiving an income.
- NOTE: based on current public health guidance, “self-isolation” means
avoiding close contact with others. It is conceivable an employee
who is not sick (and willing to work) could still work while self-
isolating (depending on the nature of the work), provided appropriate
precautions were taken. Whether or not working while self-isolated is
feasible will depend on the particular circumstances each case, and
professional advice should be taken.
Federated Farmers of New Zealand (19 March 2020)3 COVID-19 FAQ
- If alternative working arrangements are not possible, the employer and
employee should agree how periods of leave will be treated (paid or
unpaid). If an employee has insufficient leave available, an employer
may consider offering annual or sick leave in advance.
- If the employee does not have leave entitlements, the employer should
consider whether paid discretionary leave is a reasonable alternative.
- If an employee is not ready, willing, and able to work for reasons
outside of the employer’s control – there is no legal obligation on the
employer to pay them in addition to their ordinary leave entitlements.
- However, an employer should explore their eligibility to apply for and
offer paid leave to affected employees under the COVID- 19 Leave
Payment Scheme. If an employer is able to access support under this
scheme, then we think this should be offered to employees.
- The parties should remain responsive and communicative (i.e., the
employer should check up on the employee from time to time to check
prognosis and potential return).
My employee wants to self- - High risk – recommend seeking professional/legal advice.
isolate, but I don’t believe they
- The employee should have notified the employer they believe they are
need to.
at risk of spreading COVID-19 (explaining why) and that they do not
This scenario involves want to attend work.
disagreement between employee - Employer should consider the employee’s request in line with Ministry
and employer regarding the need of Health public health guidance (www.health.govt.nz).
to self- isolate.
- If the employer agrees there is a risk the employee will spread
Wherever disputes are reasonably COVID-19: the employer must do what is “reasonably practicable” to
foreseeable, caution should be address that risk, including mitigation. Practically, this should include
exercised. self-isolation. It may also include changes in processes and/or agreed
leave.
- If the employer does not agree there is a risk the employee will
spread COVID-19: the employer must tell the employee this
(including reasons). The employer can agree temporary changes to
the employee’s work and/or agreed leave. The employer should be
aware that if their assessment is incorrect they may be in breach of
their duties to protect the health and safety of workers by keeping a
potential contagion in the workplace, and risk exposing themselves to
serious consequences including penalties and potential claims from
other employees.
I want my employee to self- - High risk – recommend seeking professional/legal advice
isolate, but they don’t want to.
- Effective and open communication will be key. The employer should
This scenario involves identify the reasons they believe the employee should self-isolate, with
disagreement between employee specific reference to public health guidelines.
and employer regarding the need - Ultimately, it is unlikely that an employer could compel an employee to
to self- isolate. self-isolate in that employee’s private life.
Wherever disputes are reasonably - However, an instruction to an employee to remain away from the
foreseeable, caution should be workplace on the basis of a reasonable belief by the employer they
exercised. meet guidelines for self-isolation may be justifiable. A failure by the
employee to follow such an instruction could also be grounds for
potential disciplinary action.
Federated Farmers of New Zealand (19 March 2020)4 COVID-19 FAQ
I think my employee can self- - Based on current public health guidance, “self-isolation” means
isolate and still work, but they avoiding close contact with others. It is conceivable an employee who
don’t want to. is not sick (and willing to work) could still do so while self- isolating
(depending on the nature of the work in question), provided reasonable
In this scenario, the employer precautions were taken. Professional advice should be taken in this
believes the employee can case as to whether requiring the employee to work is likely to be
observe public health guidance considered a reasonable (and lawful) instruction.
while remaining at work.
- What is “reasonable” will depend on individual circumstances.
Wherever disputes are reasonably Suggested precautions include: (i) minimise close contact with other
foreseeable, caution should be workers; (ii) use separate tools/equipment or sterilise shared tools/
exercised. equipment; (iii) do not share food or drinks; (iv) do not use shared
spaces for prolonged periods (> 15 mins); (v) regularly clean and
disinfect surfaces and spaces; (vii) regularly wash hands.
My employee needs to self- - Public health guidance includes measures for people in shared
isolate and lives in shared accommodation. It is possible (though not ideal) for a person
accommodation. within shared accommodation to self-isolate, provided reasonable
precautions are taken. See www.health.govt.nz for further information.
In this scenario, an employee in
shared accommodation needs - What is “reasonable” will depend on individual circumstances.
to self-isolate, meaning the Suggested precautions include: (i) minimise close contact; (ii) use
employer may be required to separate plates, utensils and cutlery; (iii) separate laundry and
introduce reasonable precautions linen; (iv) do not share food or drinks; (v) do not use shared spaces
to avoid contamination. for prolonged periods (> 15 mins); (vi) regularly clean and disinfect
surfaces and spaces; (vii) regularly wash hands.
- The employer should take reasonable steps to ensure any self-
isolating employee is taking any reasonable precautions that are
required.
- The employer should discuss the fact of the employee’s self- isolation
with any other workers in the shared accommodation, in line with the
privacy principles discussed below.
One of my employees has self- - Where an employee has gone into self-isolation: The Privacy
isolated/been diagnosed with Commissioner’s advice is that, in the absence of a health and safety
COVID-19, what can I tell other imperative (i.e., a need to inform others to institute precautionary
employees? measures to avoid contamination) there is no need to share
information identifying someone who is self- isolating.
This scenario deals with the
information employers can share - Where an employee has received a diagnosis of COVID-19: The
regarding self-isolation and/or Privacy Commissioner’s advice is that the use or disclosure of personal
diagnosis. information is permitted where an employer believes it is necessary
to prevent or lessen the risk of a serious threat to someone’s safety,
wellbeing or health.
- In all cases, employers should exercise sensitivity and consider the
potential impact of disclosing the information on the employee. Where
possible, employers should consult with employees before sharing
personal information.
Federated Farmers of New Zealand (19 March 2020)5 COVID-19 FAQ
I need to reduce my employee’s - Employers are entitled to make changes for genuine business reasons,
hours. provided they follow a fair restructure process. We recommend seeking
professional/legal advice on particular individual circumstances.
In this example, the economic
effect of COVID-19 means an - NOTE: Wage subsidies are available for employers whose businesses
employer needs to change are affected by COVID-19. Employers considering making changes to
employee hours of work. employee terms and conditions (like working hours) should consider
whether this additional support influences the genuine business need
(e.g. by alleviating financial pressure on the business), even if only
temporarily.
- Employers should prepare a proposal for the affected employee(s)
setting out changes and rationale (genuine business need). Employers
should provide relevant supporting information (this can include
financial and/or commercially sensitive information). Employers should
invite feedback from affected employee(s) on the proposal.
- Employee(s) should be given a reasonable opportunity to consider
supporting information and provide feedback.
- Employers should genuinely consider employee’s feedback (with an
open mind) before making a decision on the proposal.
- Further information on restructuring processes is available at
www.employment.govt.nz
I can’t afford to keep on my - Employers are entitled to make changes for genuine business reasons,
employee. I need to disestablish provided they follow a fair restructure/redundancy process (as above).
their position. We recommend seeking professional/legal advice on particular
individual circumstances.
In this example, the economic
effect of COVID-19 means an - NOTE: Wage subsidies are available for employers whose businesses
employer needs to disestablish an are affected by COVID-19. Employers considering disestablishing
employee’s position. positions should consider whether this additional support influences
the genuine business need (e.g. by alleviating financial pressure on the
business), even if only temporarily.
Can my employee continue to - Based on current public health guidance, “self-isolation” means
work while self-isolating, if they avoiding close contact with others. It is conceivable an employee who
do not come into contact with is not sick (and willing to work) could still do so while self- isolating
anyone in the workplace (e.g. on (depending on the nature of the work in question), provided reasonable
a farm)? precautions were taken. Professional/legal advice should be taken in
this case.
In this scenario, the employer
believes the employee can - What is “reasonable” will depend on individual circumstances.
observe public health guidance Suggested precautions include: (i) minimise close contact with other
while remaining at work. workers; (ii) use separate tools/equipment or sterilise shared tools/
equipment; (iii) do not share food or drinks; (iv) do not use shared
Wherever disputes are reasonably spaces for prolonged periods (> 15 mins); (v) regularly clean and
foreseeable, caution should be disinfect surfaces and spaces; (vii) regularly wash hands.
exercised.
- Employers should consult with the affected employee on proposed
arrangements, as well as with other employees on the potential impact
before proceeding. Preparing policies/protocols to be followed is
recommended.
Federated Farmers of New Zealand (19 March 2020)6 COVID-19 FAQ
My employee went overseas and - Depending on the circumstances, things to consider (and potentially
now cannot return. take advice on) are:
This scenario involves an 1. How long the employee is likely to be away?
employee who is prevented 2. Does the employer want to hold the position open for the
from returning to New Zealand employee, or terminate employment?
because of COVID-19- related 3. Does the employer need to source cover while the employee is
travel restrictions. unable to work? If so, is casual or fixed term cover appropriate?
- These options will require careful consideration of the risks/benefits
to the employer and their obligations to the employee. Ultimately, if
the employee is unable to work for an extended period of work, the
employer is able to take reasonable steps to ensure that business
operations continue as smoothly as possible.
- We recommend seeking professional/legal advice on individual
circumstances before proceeding.
0800
327 FARM
FED
646 .ORG.NZ
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