COVID-19 and the workplace

General guidance for workplaces

• Employers and employees need to work together to keep each other safe during the global COVID-19 pandemic. This means that the normal obligations to keep in regular contact and to act in good faith are more important than ever.
• Regular employment law still applies to all employment relationships – regardless of the circumstances that we find ourselves in. This includes anything that has been agreed to in an employment agreement.
• Employers are not allowed to pay less than the minimum wage or reduce any of employees’ legal minimum employment entitlements.
• Employers and employees must discuss, in good faith, any changes in work arrangements, leave and pay, or health and safety measures.
• In the absence of an agreement to alternative working arrangements, employees must return to work if there is no reason the employee needs to stay away from work under public health guidance from the Ministry of Health (external link)
• If a worker is sick with COVID-19, an employer’s first consideration should be to look after people, contain COVID-19 and protect public health. Businesses may be able to apply for the COVID-19 Leave Support Scheme to support their employees.
• Employers should not knowingly allow workers to come to a workplace when they are sick with COVID-19. If they do, they are likely to be in breach of their duties under the Health and Safety at Work Act.
• Businesses, employers and employees can check if they are eligible for financial support at these websites:
  • Business.govt.nz (external link)
  • Work and Income (external link)