People will have important and legitimate personal, family and community responsibilities during a pandemic, for example, childcare if schools are closed so planning will need to take this into account.

It is in your and your staff's interest to be able to respond flexibly to the different scenarios a pandemic may create. This will help ensure your business recovers quickly.

Employees can take sick leave if their partner or dependents are sick and they have sick leave available. If they do not have any sick leave available, then employers and employees will need to agree on what basis the employee is off work. Other options, such as anticipated sick leave, annual leave, other paid or unpaid leave, will be available in accordance with their employment agreement and any related workplace policies.

If the employee's partner or dependent is not sick, for example their dependent's school is closed, the employee is unable to take sick leave. In some situations, employees may be able to stay at home and continue to work while caring for their family, if you and the employee agree to this arrangement. If it is not appropriate or possible for your staff to continue working while caring for their partner or dependents, employees and employers will need to agree on what basis the employee is off work. These options, such as annual leave or other paid or unpaid leave, will be available in accordance with their employment agreement and related workplace policies.

Once all leave entitlements under the Holidays Act and any negotiated additional leave, or any anticipated leave entitlements run out, staff and their employers will need to consider alternative options in good faith and consider the impact the options will have on post-pandemic business recovery.

You can view our information on Problem Solving or contact the Department on 0800 20 90 20.

This advice is given as a guide. Employees and employers are advised to seek their own advice depending upon the circumstances they face.