Coronavirus (COVID-19): Potential absence and attendance scenarios and how to deal with them

Author: Stephen Simpson

We set out some possible scenarios related to absence and attendance that HR professionals may face during the coronavirus (COVID-19) crisis, and explain how they could tackle them. Additional scenarios (added on 19 March) now cover an employee being unable to work because their child's school has closed or an elderly relative has fallen ill, and an employee due to return to work being stranded abroad.

Note: This article was originally published on 4 March 2020. It was updated on 19 March 2020 to reflect the situation and government advice on that date. Some additional scenarios have been added, covering an employee being unable to work because their child's school has closed, an employee being unable to work because an elderly relative has fallen ill, and an employee is due to return to work but has been stranded abroad.

Employee exhibits COVID-19 symptoms

Scenario

Bob has developed a dry cough and goes home. Bob's line manager is concerned that the symptoms match those of coronavirus and asks the HR department for their advice.

Further resources

Coronavirus: resource round-up

What you should do

Self-isolation

Employers are under a duty to ensure the health and safety of staff and to provide a safe place of work. Given this and the Government's advice to self-isolate even with mild symptoms, the line manager should tell an employee with the symptoms associated with coronavirus:

Medical advice

If the employee is self-isolating and is off work for more than seven days, the HR department will need to make an exception to its normal requirement for medical evidence.

In practice, this normally means the employer forgoing its requirement for evidence of ill health for more than seven days to be in the form of a fit note. Employers can ask for an NHS 111 isolation note instead.

Sick pay

Employees who are not working because they are self-isolating in accordance with the Government's coronavirus advice will be entitled to statutory sick pay (SSP), whether or not they are ill. If they are ill, they may be entitled to contractual sick pay according to the employer's normal policy.

Government guidance for employers

COVID-19: guidance for employers and businesses

To discourage infected employees from coming to work, it is good practice for employers to continue to give full pay to employees who self-isolate because they are sick.

If an employee is absent following an instruction from their employer not to come to work, on risk grounds rather than specific medical advice, they are entitled to be paid as usual (unless their contract provides otherwise).

Closing the workplace?

Employers are not required to close a workplace in which there is a suspected (but unconfirmed) coronavirus case.

However, sending staff home temporarily and carrying out a deep clean of the affected areas is a sensible precaution.

Employers should visit the Government's guidance on what to do if someone develops symptoms of coronavirus on site.

Employee has contact with someone with coronavirus symptoms

Scenario

Jenny's husband has a cough and a fever. She is concerned that she may contract the same illness. She contacts her line manager, who asks the HR department for their advice.

What you should do

Self-isolation

If an employee does not have the symptoms associated with coronavirus, but has been in contact with someone with symptoms, they should be advised:

Medical advice

If the employee is self-isolating and is off work for more than seven days, the HR department will need to make an exception to its normal requirement for medical evidence.

In practice, this normally means the employer forgoing its requirement for evidence of ill health for more than seven days to be in the form of a fit note. Employers can ask for an NHS 111 isolation note instead.

Sick pay

Employees who are not working because they are self-isolating in accordance with the Government's coronavirus advice will be entitled to statutory sick pay (SSP), whether or not they are ill. If they are ill, they may be entitled to contractual sick pay according to the employer's normal policy.

To discourage infected employees from coming to work, it is good practice for employers to continue to give full pay to employees who self-isolate because they have been in recent contact with a confirmed carrier.

Government guidance

Stay at home: guidance for households with possible coronavirus (COVID-19) infection

Guidance on social distancing for everyone in the UK and protecting older people and vulnerable adults

If an employee is absent following an instruction from their employer not to come to work, on risk grounds rather than specific medical advice, they are entitled to be paid as usual (unless their contract provides otherwise).

Alternative ways of working

If the employee is not unwell, but has been advised to self-isolate, there may be reasons why they do not wish to take sick leave. It could be that the employee would be paid SSP only, or the employee may have a role that allows them to work remotely. The employee's line manager could take a flexible approach in the short term, such as allowing them to:

  • take annual leave at short notice; or
  • work from home if their role allows this.

Closing the workplace?

Employers are not required to close a workplace in which an employee has been in contact with a suspected (but unconfirmed) coronavirus case.

If an employee does develop symptoms, employers should visit the Government's guidance on what to do if someone develops symptoms of coronavirus on site.

Worried employee refuses to come to work

FAQs

Is there any duty on employers to close their workplace if a risk of contact with coronavirus is identified?

What should the employer do if an employee is reluctant to return to work as the coronavirus restrictions are lifted?

Can an employer instruct an employee who may be at risk of having contracted coronavirus not to come to work?

How should employers respond if employees are affected by school closures to prevent the spread of coronavirus?

Scenario

James's job in Manchester requires him to be physically present and his workplace is remaining open during the coronavirus outbreak. His commute includes both a bus and tram journey. James rings his line manager to say that he is so worried about catching COVID-19 he will not travel.

What you should do

Requirement to attend work

As a general rule, an employer can require concerned employees whose jobs involve being physically present to attend work. The fear of contracting an illness is not normally sufficient reason for failing to attend work, especially as the UK has not implemented an Italian-style lockdown.

However, line managers and HR need to take an exceptionally sensitive approach given that this is a global health crisis and staff are naturally worried.

The employee's line manager should discuss the situation with them. The employer should bear in mind that the employee could have a legitimate reason for not wishing to travel: they could have an underlying health issue that puts them at higher risk of severe symptoms from coronavirus (for example respiratory problems or a poor immune system).

An employee could be pregnant or have a mental health problem that exacerbates their anxiety (for example obsessive compulsive disorder).

Alternative ways of travelling

Employers may also need to get creative with travel options for staff. As a short-term measure, they could provide travel assistance, such as paying expenses for groups of employees who may be scared to take public transport to take taxis from certain locations.

Leave of absence?

If a healthy employee whose attendance is required at work will not travel, the employer does not have to pay them.

The employer could agree with the employee that they will take a period of unpaid leave or allow them to take annual leave at short notice.

Disciplinary action for unauthorised absence should be a last resort.

Employee unable to work because child's school closes

Scenario

Jean is a mother and her child's school is closed because of the coronavirus outbreak. Jean tells her line manager that her husband cannot get time off at short notice and she needs time off straightaway for childcare.

Closure of UK schools

On 18 March 2020, the Government announced the indefinite closure of UK schools from the afternoon of 20 March. They will remain open for the children of key workers (such as NHS staff) and vulnerable children.

What you should do

Time off for dependants

The employer should allow the employee to take a reasonable period of time off for dependants, which is a statutory right that would clearly apply where schools or nurseries close because of the coronavirus outbreak.

The right to time off for dependants applies only where an employee needs to take time off work because of unexpected disruption to the care arrangements for a dependant (often only a few days until alternative arrangements can be made).

The employer does not have to allow employees extended periods of this type of leave.

Pay

Employers do not have to pay employees for time off for dependants.

However, the HR department should check the employee's contract of employment/the staff handbook to see if the employer offers paid time off for dependants.

Even if time off would normally be unpaid, it would be good practice to pay the employee during their time off for dependants, given the extraordinary circumstances.

Longer-term solution

Given that UK schools are closed indefinitely, the line manager and the HR department should explore the options with the employee. These include allowing her to:

  • take some annual leave at short notice;
  • work flexibly if that helps with her childcare, including working remotely if her job allows this; or
  • as a last resort, unpaid leave.

Employee caring for ill dependant cannot come to work

Scenario

Frank's mother is ill at home with COVID-19. Frank tells his line manager that he needs some time off at short notice to care for her. He is also concerned that he may have caught coronavirus from her as he has been in close contact with her in the last few days.

What you should do

Time off for dependants

The employer should allow the employee to take a reasonable period of time off for dependants, which is a statutory right that would clearly apply where a parent is taken ill.

The right to time off for dependants applies only where an employee needs to take time off work because of unexpected disruption to the care arrangements for a dependant (often only a few days until alternative arrangements can be made).

The employer does not have to allow employees extended periods of this type of leave.

Pay

Employers do not have to pay employees for time off for dependants.

However, the HR department should check the employee's contract of employment/the staff handbook to see if the employer offers paid time off for dependants.

Even if time off would normally be unpaid, it would be good practice to pay the employee during their time off for dependants, given the extraordinary circumstances.

Compassionate leave

Compassionate leave may also be available in these circumstances. The employee's entitlement to compassionate leave will depend on what his contract of employment/the staff handbook says and the HR department should check these to confirm any contractual entitlement to compassionate leave.

Longer-term solution

Given that the employee's relative may be ill for a while, the line manager and the HR department should explore the options with the employee. These include allowing him to:

  • take some annual leave at short notice;
  • work flexibly if that helps with his elder care, including working remotely if his job allows this; or
  • as a last resort, unpaid leave.

Employee stranded abroad while on holiday

Scenario

Sandra has been on holiday in Australia. Her flights have been cancelled and she is unable to get back to the UK. A few days before Sandra is due back at work, she rings her line manager to explain the situation.

What you should do

Pay

Assuming that Sandra is not ill herself (in which case she can take sick leave), there is nothing in law that obliges the employer to pay the employee their normal pay in this situation.

Alternative ways of working

Given the extraordinary circumstances, line managers should take a pragmatic approach when an employee is simply unable to get to work because they have been stranded abroad.

The employer may be able to implement temporary flexible working arrangements, for example if the employee has the technology with them for remote working. It may actually be good for the employee's morale to do some work and attend virtual meetings while stranded.

Leave of absence?

Other alternatives include asking the employee to take the time off work as annual leave or, as a last resort, unpaid leave.

Employee returns from trip to high-risk area

Scenario

Susan returns from a holiday. She visited an area where there have been a high number of recent coronavirus cases. Susan phones her line manager to inform them of the situation. The line manager asks the HR department for their advice.

What you should do

Self-isolation

There are a variety of reasons why an employee may be self-isolating. This includes not only when they are exhibiting coronavirus symptoms, but also where they have:

  • recently been to an area where there has been an outbreak; or
  • been in recent contact with an infected person or someone displaying COVID-19 symptoms.

FAQs

If an employee is advised to self-isolate to avoid the risk of spreading coronavirus, are they entitled to sick pay?

If an employer's workplace is closed to prevent the spread of coronavirus, must it continue to pay employees?

What medical evidence can an employer request for coronavirus-related absence?

Self-isolation

If the employee is self-isolating and is off work for more than seven days, the HR department will need to make an exception to its normal requirement for medical evidence.

In practice, this normally means the employer forgoing its requirement for evidence of ill health for more than seven days to be in the form of a fit note. Employers can ask for an NHS 111 isolation note instead.

Sick pay

Employees who are not working because they are self-isolating in accordance with the Government's coronavirus advice will be entitled to statutory sick pay (SSP), whether or not they are ill. If they are ill, they may be entitled to contractual sick pay according to the employer's normal policy.

To discourage infected employees from coming to work, it is good practice for employers to continue to give full pay to employees who self-isolate because they have recently returned from a high-risk area.

Alternatives ways of working

If the employee is not unwell, but has been advised to self-isolate, there may be reasons why the employee does not wish to take sick leave. It could be that the employee would be paid SSP only, or the employee may have a role that allows them to work remotely. The employee's line manager could take a flexible approach in the short term, such as allowing them to:

  • take annual leave at short notice; or
  • work from home if their role allows this.