Guideline to COVID-19 from E tū
COVID-19 employee related leave and travel
This guideline aims to provide guidance on how leave and work-related and personal travel is managed in
relation to COVID-19.
1. Where a staff member is ready and willing to work but the employer requires them to stay home or
self-isolate, they will be entitled to special leave.
2. When employees must stay home due to government direction (alert level 4), they should be paid
normally and not have to use any of their accrued leave.
3. The employer should seek government funding and the support of their bank to help cover the cost
of employees ill with COVID-19 or required to self-isolate, in the event of the employer being an
essential industry.
4. The full amount of COVID-19 funding must be used for the staff member for whom the application
was made. It is important that it is used for special leave over and above the worker’s standard
leave balance and entitlements, which should not be reduced due to the need for compliance with
COVID-19 public health measures.
5. Payment of sick leave wil be in accordance with the staff member’s employment agreement and
the Holidays Act.
6. Where staff are off work due to public health advice, the employer will waive the requirement to
produce a medical certificate after three days. However, the employer may require an alternative
signed declaration from staff members.
7. These guidelines do not replace terms and conditions of employment contained in employment
agreements.
8. The employer will consider employee vulnerability and all government directives when making leave
decisions.
9. The employer wil inform E tū about any travel insurance cover relating to affected staff.
For further information, please email:
[email address]
Scenarios to guide leave application for employers
Scenario
Sick Leave
Annual leave Domestic
Special leave Other
including
as per CA/IA
leave as
(any
options (e.g.
additional
per CA/IA
additional
working
sick leave as
leave the
from home)
per
employer
employment
provides
agreement
outside of
(collective or
CA/IA)
individual)
Employee is sick Additional
N/A
N/A
Full pay, no
N/A
with COVID-19
sick leave not
deduction off
taken from
other leave
entitlement
entitlements
Employee is
N/A
N/A
N/A
Full pay, no
Employee is
self- isolating
deduction off
able to work
because they
other leave
from home -
may have been
entitlements
normal pay
exposed to
COVID-19 either
at work or in
personal time
Employee is at
Additional
N/A
N/A
Full pay, no
Employee is
home caring for
sick leave not
deduction off
able to work
someone who is
taken from
other leave
from home -
sick with
entitlement
entitlements
normal pay
COVID-19
Employee is at
N/A
N/A
N/A
Full pay, no
Employee is
home caring for
deduction off
able to work
a dependant
other leave
from home -
who is required
entitlements
normal pay
to self-isolate
because they
may have been
exposed to
COVID-19
including early
childhood or
school closure
Employee is at
N/A
N/A
N/A
Full pay, no
Employee is
home based on
deduction off
able to work
Government
other leave
from home -
advice such as
entitlements
normal pay
over 70, has
respiratory
problems or
vulnerability due
to pre-existing
conditions or
alert level status
Scenario
Sick Leave
Annual leave Domestic
Special leave Other
including
as per CA/IA
leave as
(any
options (e.g.
additional
Per CA/IA
additional
working
sick Leave
leave the
from home)
as Per CA/IA
employer
provides
outside of
CA/IA)
Employee
Additional
N/A
N/A
Full pay, no
Employee is
develops
sick leave not
deduction off
able to work
COVID-19
taken from
other leave
from home -
symptoms while
entitlement.
entitlements
normal pay
at home on self-
isolation
Employee is at
N/A
N/A unless
N/A
Full pay, no
Employee is
home self-
Employee
deduction off
able to work
isolating
choice
other leave
from home -
because they
entitlements
normal pay
departed NZ
before 15 March
Employee is at
YES
Full pay, no
Employee is
home self-
deduction off
able to work
isolating
other leave
from home -
because they
entitlements
normal pay
departed NZ
after 15 March
Employee is
N/A
N/A unless
N/A
Full pay, no
Employee is
unable to return
Employee
deduction off
able to work
to NZ due to
choice
other leave
remotely -
border controls
entitlements
normal pay
Employee is sick YES
with some
illness that is not
COVID-19
Employee is
Situations will be looked at on a case-by-case basis with managers working
sick with an
with HR to determine whether any additional entitlements exist under a
illness that
particular employee’s employment agreement and what other leave
is not
entitlements may be utilised.
COIVID-19
For example:
and has
run
-
Accrued annual leave (agreed with the employee to take).
out of paid
-
Annual leave in advance (agreed with the employee to take and if
sick leave
leaves employment before accrual comes available will be expected
entitlement
to repay).
-
“Employment agreement” discretionary sick leave* (Manager agrees
Discussion with
to exercise discretion in line with employment agreement
Manager on
entitlements).
options.
-
Leave without pay.
-
“Non-employment agreement” discretionary sick leave* (The
employer agrees to exercise discretion taking into account all
relevant context including the exhaustion of the above leave types
and where extreme hardship would be experienced by the employee
if not granted).
Special consideration will be made for vulnerable employees (low paid and at
risk such as older employees or employees with conditions).
e
Travel
Work-related international travel: All non-essential international business travel to June is cancelled and
any future booking are deferred until further notice, including to Australia. Non-essential travel includes all
travel for the purposes of training, education, conference, seminar or meeting attendance.
The employer will consider exceptional circumstances where work related travel may be supported and
approved, subject to New Zealand and international travel advisories.
Work-related domestic travel
All work-related domestic travel must be approved by the employer and will be considered on a case-by-
case basis. Where videoconferencing is available, this will be preferred. Note that approval will not be given
where that approval will be in breach of any Government Directives for COVID-19 management.
Personal travel: Please consider carefully any private international travel and discuss this with your line
manager before you travel. If you choose to travel and self-isolation is required on return as a result,
special leave will not apply in most situations, unless there are exceptional circumstances by agreement
with your manager, and other forms of leave and or alternative working arrangements, such as working
from home, will be discussed with your line manager.
Special circumstances might include urgent family emergencies such as bereavement.
Definitions
Available paid leave: this is by agreement between line manager and the staff member on what type of
leave will be taken including:
• Special leave (see below)
• Entitled sick leave
• Lieu days
• Shift leave
• On-call leave
• Annual leave entitlement
• Annual leave in advance (agreed with the employee to take and if leaves employment before
accrual comes available will be expected to repay)
• COVID-19 leave – employer pays worker in full under special leave or as additional leave then
applies to MSD for the funding for this leave.
Special leave
Paid leave granted during exceptional situations including the Covid-19 outbreak where the employee is not
sick or injured and is not charged against leave entitlement. Where there is an agreement that employees
will receive paid special leave, the payment will be based on what they would have earnt had they worked.
Discretionary Leave
Employment agreement discretionary sick leave: Most Employment Agreements specifically allow the
application and granting of additional paid sick leave where an employee has exhausted their accrued paid
sick leave entitlements. I some cases leave in advance may be justified and any leave in advance given is
to be deducted from future entitlements. Please check the you employment agreement and company policy
to see the parameters around granting this.
Non-employment agreement discretionary sick leave: Paid sick leave granted in additional to any
contractual entitlements granted in exceptional circumstances in response to all relevant context including
the exhaustion of the other leave types and where extreme hardship would be experienced by the
employee if not granted.
Vulnerable employee: A vulnerable employee is classified as, but not limited to:
• Employees who suffer from known clinical factors of mortality and/or morbidity and face a higher
risk.
• An employee who will suffer undue financial hardship for them and/or their families (including low
paid employee who may not have sufficient annual leave or sick leave accrued).
• Our older workforce who is more at risk of contracting the virus than younger staff members.
Those with pre-existing conditions or respiratory problems should be cautious and seek medical advice.