In this article we want to clarify how the work absence due to coronavirus or COVID-19 is contemplated. In addition to the recommendations that the Coordination Center for Health Alerts and Emergencies has made. First of all, we need to know what we are talking about.
Coronaviruses are a large family of viruses that normally affect both animals and humans. Some coronaviruses are zoonotic viruses, which means they can be transmitted from animals to humans. The new coronavirus is called SARS-CoV-2 and the disease it causes is called COVID-19.
This type of coronavirus can affect people and was first detected in December 2019 in Wuhan City, Hubei Province, China. There are still many unknowns about the disease it causes: COVID-19.
Therefore, our Labor Department is trying to answer the following question: What happens if we are forced to stay at home or in the hospital during a hypothetical period of quarantine or observation?
Work absence due to coronavirus or COVID-19
Determination of work absence due to coronavirus or COVID-19
A worker who gets the coronavirus will be on medical leave for the entire duration of the illness.
What would happen to workers who were forced to stay at home or in hospital during a hypothetical period of quarantine or observation?
The Law on the Prevention of Occupational Risks (LPRL) establishes that, when workers may be exposed to serious or imminent risk, the company is obliged to inform all workers of the risk and measures adopted by the company in terms of protection as soon as possible. Article 14(1) of the LPRL itself recognizes the right of workers to interrupt their activities and leave their jobs when they consider that such activities pose a serious and imminent risk to their life or health.
Thus, in the face of a declaration of health emergency, an absence from work would be justified by demonstrating the impossibility of attending work.
On the other hand, in the event of the closure of schools, case law establishes the obligation to ensure the care of children. In this case, the demonstration by a worker that the absence derives from having to take care of the children due to the closure of the schools and declared existence of risk, would suppose that the same would be justified.
In both cases mentioned above, the absences would be justified. But this would not prevent the company from deducting them from the payroll, as this is a situation outside the company’s control.
What is the exception in this case?
Although the Social Security has clarified that employees who are subject to preventive quarantine, “periods of preventive isolation […] will be considered as temporary incapacity due to common illness” (the same criterion adopted in 2009 for avian influenza).
With this decision adopted by the Social Security, any working person (whether employed by the General Scheme, Self-employed, Domestic, Sea or Country Employees), affected by a “period of preventive isolation” will be entitled to the corresponding Social Security benefits according to their contribution scheme.
Some companies have activated their security protocols, temporarily prohibiting travel and trips, as well as establishing Teleworking as a means of working in order to guarantee the provision of services. In this way, companies can continue to operate and minimize the possibility of contagion in the workplace and travel.
What happens if the company has to stop its activity?
This situation can also occur, but not in the case of a health emergency. But derived from other factors such as the lack of goods or products that would allow the activity to continue temporarily. In this case the company can process a temporary employment regulation file that allows it to interrupt the activity. During this period, employment contracts may be suspended. Exonerating the company from its obligation to pay wages. And the workers to provide their labour services during the whole time that the activity lasts.
What are the implications for Spain of the COVID-19 outbreak being an ESPII?
The declaration of the ESPII (Public Health Emergency of International Importance) by the WHO does not affect the risk assessment that has existed up to now for our country. All the activities proposed by the WHO and the Emergency Committee at this time are underway in Spain and coordinated with all the autonomous communities.
For more information, please consult the document “Assessment of the declaration of the outbreak of new coronavirus COVID-19 an ESPII“.
People arriving in Spain from the affected areas should follow these recommendations:
- If you are in good health you can go about your normal life (family, work, leisure, etc).
- Keep an eye on your state of health during the 14 days following your departure from the affected areas.
- If during this period you present symptoms compatible with acute respiratory infection such as fever, cough or sudden onset respiratory difficulty. You must stay at home or in your accommodation and you must
- Contact a medical service by phone through 112, informing about the history of your trip and the symptoms you have
- Avoid contact with others and wear a mask if contact cannot be avoided
- Maintain good hand and respiratory hygiene
- Cover your mouth and nose when you cough or sneeze with tissues. Or with the inside of your elbow or shirt sleeve
- Wash your hands frequently with soap and water for at least 20 seconds and after contact with respiratory secretions. Use an alcohol-based hand sanitizer if soap and water are not available
- Avoid hand contact with the eyes, nose and mouth whenever possible.
The current situation in Northern Italy, as well as the appearance of cases in Spain, leads us to have to reflect on the measures to be taken in the event of a significant outbreak. Or the contagion of some working person in the company or in its environment.
Symptoms and recommendations.
Infography Recommendations Coronavirus COVID-19
What are the symptoms of COVID-19?
The most common symptoms include fever, cough, and shortness of breath. In some cases there may also be digestive symptoms such as diarrhea and abdominal pain. In more severe cases, the infection can cause pneumonia, significant shortness of breath, kidney failure and even death. The most severe cases usually occur in people who are elderly or have some other illness. Such as heart, lung or immunity problems.
How can you get the infection?
By analogy with other infections caused by similar viruses, it appears that transmission would be through contact with infected animals. But also through close contact with respiratory secretions generated by the cough or sneeze of a sick person. These secretions would infect another person if they came into contact with their nose, eyes or mouth.
Is the infection very contagious?
The infection is transmissible from person to person and its contagiousness depends on the amount of virus in the respiratory tract. Direct contact with the respiratory secretions of an infected animal would be necessary for the infection to occur. Or from an infected person with the mucous membranes of another person (nose, mouth, eyes). Airborne transmission over distances greater than one or two metres seems unlikely.
What can you do to protect yourself?
Generic measures of individual protection against respiratory diseases include frequent hand hygiene. Washing with soap and water is even better than washing with alcoholic solutions. Especially after direct contact with sick people or their environment. Avoid close contact with people who show signs of a respiratory condition, such as coughing or sneezing. Keep a distance of about one meter from people with symptoms of acute respiratory infection. Cover your mouth and nose with a tissue or cough or sneeze and wash your hands. These measures also protect against common illnesses such as the flu.
No special precautions should be taken with animals in Spain, nor with food, to avoid this infection.
What are the risk areas?
Currently there is community transmission in continental China, Singapore, Hong Kong, Japan, South Korea, Iran and Italy (regions of Lombardy, Veneto, Emilia-Romagna and Piedmont). Depending on the evolution of the situation, the risk areas may vary.
Travel to risk areas
If the trip is for business purposes. The health area of the company’s prevention service will evaluate the specific risk of the trip and the possible contact with cases of coronavirus. And it will provide the appropriate recommendations, following the guidelines and recommendations made by the health authorities.
The Ministry of Health updates its recommendations to travellers on the web, which includes specific recommendations on the new coronavirus. The same measures on travel to China are applicable to other areas where there is community transmission.
In case of doubt, we are at your disposal to assess the different measures you should take in your company. The health area for the prevention of occupational risks and taking into account the activity that you develop, will mark the measures that your company should adopt. In order to minimize the occupational risk for your employees.
However, it is necessary to be attentive to the indications and recommendations. Both from the WHO and from the Coordination Centre for Health Alerts and Emergencies of the General Directorate of Public Health, Quality and Innovation.
Arrabe Integra
Labour Consultant and HR Management
