Coronavirus: Can my boss force me to take sick leave?

As Australia battles to contain the spread of coronavirus, workplaces are taking extreme measures – and not all of them are legal.

As with any contagious illness, the presence of coronavirus in your workplace could have a serious impact on the health and wellbeing of yourself and your colleagues, as well as the business itself. Employers are entitled to take reasonable precautions.

But importantly, you still have rights.

I’M NOT SICK, BUT MY EMPLOYER WANTS ME TO SELF-QUARANTINE – WHAT CAN I DO?

If you are not sick, but your employer wants you to see a doctor or stay home, you should follow this direction. However, they should not ask you to use your personal leave, nor as a general rule can they direct you to take annual leave.

Instead, you should receive at least your base rate of pay to see a doctor, and if your boss asks you to self-quarantine, you should receive at least your base rate of pay for that period too. Your boss can direct you to work from home if this is feasible.

IF I DO HAVE TO SELF-QUARANTINE, CAN I LOSE MY JOB?

Employers cannot discriminate against you for having an illness. If you are diagnosed with coronavirus, you will be required to take personal leave just the same as if it were the common cold or flu.

You should provide your employer with a valid medical certificate as soon as possible and focus on recovering. Once your doctor gives you the all-clear to return to work, your employer must allow you to do so.

If you are not sick but asked to self-quarantine it could be unfair for you to be dismissed for that reason.

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Workplaces are taking extreme measures to try to contain the spread. Picture: Anthony Wallace/AFP

WHAT IF I’M A CASUAL WORKER?

If you are a casual worker and you have been diagnosed with coronavirus, or suspect you might have it, you should let your employer know as soon as possible. If you aren’t able to work any of your rostered shifts, you may be required to provide a medical certificate.

As a casual, you are not entitled to paid sick leave but your boss is not allowed to terminate your employment or stop giving you shifts because you were sick.

Let your employer know as soon as you are able to return to work.

MY WORK HAS CLOSED DUE TO THE OUTBREAK – WHERE DOES THAT LEAVE ME?

If your employer has no choice but to close your workplace, they may initiate a “stand down”. In that situation, employers do not have to pay employee wages. This is quite an extreme measure, and can only be used when the decision is effectively out of the employer’s hands. Whether an employer can do a coronavirus shut down would depend on the particular circumstances.

WHAT ARE MY RIGHTS IF MY CHILD IS QUARANTINED AND I HAVE TO LOOK AFTER THEM?

This situation should be treated as if your child was staying home due to a common cold or flu.

If you are a permanent worker, you should apply to take personal leave as usual. If you do not have any paid personal leave left, or are casual, you may be entitled to two days’ unpaid carers leave and two days paid compassionate leave.

Alternatively, you may be able to arrange a flexible work arrangement until your child can return to school or daycare. Your employer must have reasonable grounds on which to deny this request, for example, if it would be too expensive or impractical for the business.

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Coronavirus is now in dozens of countries around the world. Picture: Lillian Suwanrumpha/AFP

WHAT ARE MY OBLIGATIONS AS AN EMPLOYER?

Employers have a responsibility to ensure a safe workplace for employees. However, it is important that you balance your responsibilities with the rights of your employees.

If you suspect an employee has coronavirus, you should first consider the level of risk. If you know where they have recently travelled, you should check the current official advice for that country.

If you don’t know that information, you can ask for it, or ask whether they’re feeling well. However, they are not required to answer.

Instead, you may ask them to visit a doctor and obtain a medical certificate declaring them fit for work. Remember, employees are only required to use their personal leave entitlements once they have been declared unfit for work.

If they are willing and able to work, but you want them to stay home, you should be prepared to continue paying them at their base rate. Alternatively, you may consider flexible work arrangements, including working from home.

Otherwise, take this opportunity ensure your organisation’s health policies and facilities are up to scratch. Employees should feel comfortable telling management they are unwell, and use their personal leave, so they can return to work when they recover.

If you believe you may have been discriminated against or treated unfairly in the workplace, you should seek urgent legal advice.

The information contained in this article is general in nature and may be affected by an employee’s applicable contract, award or enterprise agreement.

Giri Sivaraman is a Principal at Maurice Blackburn Lawyers