Many companies are preparing for a potentially larger outbreak of coronavirus (COVID-19) in Denmark. In this context, it is still the general employment rules that apply, and which companies can rely on, but it may be wise to take a holistic approach to the rules and the management of the employees’ potential worries.
Employment law perspectives of coronavirus
The outbreak of coronavirus has caused some employees to want to work from their homes for a period of time, however employees cannot quarantine themselves because they fear being infected with coronavirus. If an employee chooses to stay away from the workplace anyway, the absence can be sanctioned by the employer. However, if it is possible for the employee to work from home for a period of time, it may be wise to meet the employee’s wishes. In this way, the company can handle both a potential infection risk and possible worries amongst colleagues.
If it is not possible for the employee to work from home, the company may, as with any other illness, request medical documentation that it is necessary for the employee to be quarantined. If such documentation is available, the employee must be considered ill, and the employee will therefore be entitled to pay during illness – even though it may prove that the employee is not infected with coronavirus.
If an employee has traveled in the risk areas and therefore has to stay at home for 14 days, it can be agreed, to the extent possible, that the employee works from home. If work from the employee’s home is not possible, or if the employee is ill, the employee will be entitled to pay in accordance with the general rules.
If an employee chooses to travel to one of the risk areas despite the recommendations of the National Board of Health, the subsequent home quarantine or potential illness could be considered self-inflicted, which could have an impact on the employee’s right to pay during illness.
Health information’s and GDPR
If an employee has contracted coronavirus, the employee is obliged to inform the company of the risk of infection if there is a danger that the employee has infected colleagues. This also applies if the employee simply suspects that he or she may have been infected, but where the infection has not been ascertained yet. In cases where there is a risk that other employees in the workplace have been infected, it will also be necessary to inform these employees. In this regard, the general principle in the GDPR is that health information cannot be processed. However, such information may be processed if the infected employee has given his or her consent. Likewise, health information can be processed, if the processing of the information is necessary in order to protect against serious cross-border threats to health, cf. article 9, subsection 2(i) of the GDPR and article 7(2) of the Danish Data Protection Act. A legal basis can thus be found to inform employees of an outbreak of the coronavirus. However, depending on the circumstances, it should be considered whether it is necessary to share the identity of the infected person, and the circle of recipients of the information should be limited to only comprise the necessary.
In addition to the above, the coronavirus can give rise to several other questions, including how to deal with business trips to specific areas, employees’ own holiday trips to such areas, and care for sick or quarantined children, etc. Mette Klingsten Law Firm can be contacted if you have questions about how to handle coronavirus in the workplace.
Thanks to the following contributors to the website: Steen Evald (photograph), Stine Heilmann (photograph), Count Pictures (video), Kunde & Co. A/S (design), WeCode A/S (coding)
