Working from home because of the coronavirus in South Africa – how your pay will be affected
A number of international and local companies have requested that their employees work from home as the world continues to grapple with the covid-19 coronavirus pandemic.
With some employees also opting to self-quarantine, the are a number of labour law considerations that South African businesses will have to consider.
Talita Laubscher, a partner in the Employment and Benefits Practice Group at law firm Bowmans, said that South African workers are entitled to pay if their employer asks them to remain at home.
“If an employee is not sick and is willing and able to attend work, but their employer instructs them not to come to work, they are entitled to receive their normal salary and benefits,” she said.
“If however the employee has personally travelled to an ‘at-risk’ area – or has been in contact with people who have – flexi/remote working, annual leave, unpaid leave or sick leave (if the employee is sick), can be offered.”
Not coming to work
Laubscher said that the situation is different if an employee refuses to attend work because of concerns about contracting the virus.
She said that this would have to be dealt with on a case by case basis and that employers should listen to employee concerns and seek to resolve issues if possible.
“If an employee has a particular health issue, this should be taken into consideration,” she said.
“If there is a reasonable concern that an employee may contract the virus while attending work (e.g. if there is reason to believe that a fellow employee has been infected or has been in contact with an infected person), the employer should investigate these concerns with urgency and take the necessary precautionary measures.
“Annual leave, flexi/remote working or unpaid leave could be offered to employees in these circumstances and if any employees are sick, then sick leave would be applicable.
“However, upon proper investigation by the employer, should there be no real reason for concern or fear about contracting the virus (e.g. where it is found that false information has been circulating), employees who fail to obey a reasonable instruction to attend work can be disciplined.”
Please don’t come to work
Laubscher said that an employer can also request an employee to seek medical advice/work from home if they are exhibiting certain symptoms.
“Employers have a legal obligation to provide and maintain a safe, healthy work environment and to use reasonable endeavours to limit risk to employees,” she said.
“As such, if an employee exhibits certain flu-like symptoms, an employer should direct him/her to seek medical assistance immediately and to stay/work from home and isolate themselves until they have been tested, received medical attention and recovered.
“In this regard, it is also important that employers remain vigilant in relation to complaints or grievances which could indicate discriminatory behaviour towards employees of an origin connected to a country deemed to be at risk.”
Read: Alcohol wipes and travel bans – how South Africa’s big banks are responding to the coronavirus
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