Swine Flu Update

The World Health Organisation has officially declared a swine flu pandemic. In the event your business is affected by swine flu, employers should keep the following in mind:

• Employees displaying flu symptoms can be sent home from work, particularly as employers have obligations under the Health & Safety and Employment Act 1992, which requires employees to take all practical steps to ensure the safety of employees at work.
• Employees who are unwell and are directed not to attend work can use their sick leave in the usual way. Strictly speaking, where an employee is unwell and has used their sick leave, they are not entitled to be paid.

If an employee is not sick but is sent home because they have been quarantined, it is likely the employer will remain liable for their salary or wages.