I have received a number of complaints that a member of staff has been coming to work with a bad dose of flu and passing it around the office. Should I have a policy in place for this scenario, and can I force this employee to go home and stay at home until fully recovered?

Posted in : First Tuesday Q&A NI on 4 January 2011
Emma-Jane Flannery
Arthur Cox
Issues covered:

You are very unlikely to be acting unlawfully if you ask the member of staff to go home and stay at home until fully recovered, provided that you pay them for all of the time they are at home.

Salaried employees are entitled to be paid their salary if they make themselves available for work, irrespective of whether they actually perform any work. As your staff member would not be attending on your instructions, she would still technically be making herself available and therefore entitled to pay. Therefore, you might want to think about asking her to do some work from home rather than paying her to do nothing at all.

Other than pay, the only other legal issue likely to be relevant is the

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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