Omicron in the Community
With the understanding that Omicron is in the NZ community the Government has released their plan to tackle it in a 3 stage approach through time starting with a ‘stamp it out’ stance:
Phase One
Positive cases must self-isolate for 14 days (and only be releases by a health official)
Close contacts need to quarantine for 10 days (test days five and eight, if symptomatic, then test immediately)
Only PCR testing acceptable at this stage
Phase Two
Positive cases need to self-isolate for 10 days (can self-release after day 10 if no symptoms for 72 hours)
Close contacts need to quarantine for seven days (test on day five)
RAT testing acceptable with PCR followup
Phase Three
Positive cases need to isolate for 10 days (self-release after day 10 if no symptoms for 72 hours)
Close contacts need to quarantine for seven days (test if symptomatic)
RAT or PCR testing acceptable alone
Critical workers registered under the Critical Workforce Registration System and health workers have different rules and will be supported by public health guidance to enable close contacts to work.
So we’re in phase one and it is currently unknown when we will be moving to phase 2 exactly.
If people become symptomatic of COVID-19 they need to be PCR tested at an appropriate facility. Upon testing positive they will need to isolate for 14 days and be symptom-free for at least 72 hours before they can resume normal life and work.
All close contacts of the person will need to self-isolate for 10 days from the last exposure to the infected person.
Not until the Government decides to move to phase 2 will isolation periods come down to 10 and 7 days for infections and close contacts respectively, which will be more in line with best practice overseas. By then also there should be a good supply of Rapid antigen tests (RATs) for people to self-test in the later phases of the Omicron pandemic.
Sick pay
What to pay staff when sick or isolating is the next challenge.
There are many different scenarios which can occur when people are sick or forced to isolate during this coming period. The best way to explain is with some scenarios:
Scenario 1 (Covid) :
Employee is sick with Covid-19 – the employee can take sick leave (if no other subsidy scheme payment is received) or the employer can apply for the LSS.
LSS payment is used to cover the leave period and sick leave or annual leave if sick leave exhausted, can be used to top up the wages to 100% in the event of a short fall.
Scenario 2 (Test) :
Employee is sick/has symptoms and awaiting testing results – can take sick leave (if no other subsidy scheme payment is received) or the employer can apply for the STAP.
STAP can be used to cover this period and sick leave or annual leave if sick leave exhausted, can be used as a top up.
Scenario 3 (Test) :
Employee not sick, but need to test due to valid reason (employee must provide a valid reason for the test and time off needed for this) – the employer can apply for the STAP and the employee and the employer can agree to use annual leave to top up the amount. If there is no agreement for the use of annual leave – look to your pandemic clause. This is not sick leave as the employee is not sick.
Scenario 4 (Isolation) :
Employee needs to isolate due to having covid or other covid related reason and can and does work from home – normal wages.
Employee needs to isolate due to having covid and cannot work from home – LSS and top up from sick or annual leave if no sick leave available.
Employee needs to isolate due to close contact/health directive/or dependant and cannot work from home – LSS and top up with annual leave or special leave. Special leave can be agreed between the employer and employee, this is not an obligation of the employer but rather an addition benefit to the employee. Look at your pandemic clause for guidance.
Note: For an employee’s Annual Holidays to be used, the employee must be in agreement and know it’s their choice.
The following Government schemes are currently available:
Short term absence payment – STAP ($359.00 once off payment / once every 30 days)
www.workandincome.govt.nz/covid-19/short-term-absence-payment/how-to-apply.html
Leave Support Scheme – LSS ($600.00 or $359.00 weekly payments)
www.workandincome.govt.nz/covid-19/leave-support-scheme/how-to-apply.html