[New Zealand] Casino tells COVID positive staff to use sick leave despite wage subsidy

Workers at Auckland casino SkyCity are angry with the company for claiming a special leave subsidy for household contacts of COVID-19 cases yet still making those with the virus use up all their available sick leave, Stuff reports.

A SkyCity casino manager of more than a decade spoke to Stuff anonymously, telling the publication it was “frustrating” that management was differentiating between the two.

“We all feel that it should be treated the same, isolation from COVID and actually having it. But it doesn't feel like it is,” the manager said.

Staff who have been forced to use all their sick leave because of COVID-19 could risk coming into work when unwell later in the year, he said.

“Instead of calling in sick, if they've got a bit of a cough or something like that which isn’t COVID-related, I’ve got a massive feeling they'll come into work because they just simply can't afford to be unpaid.”

Unite Union organiser Mike Treen said the union had written to SkyCity in January looking for assurances that sick leave would not be taken from workers in light of “impending widespread Omicron infections”.

“Staff with COVID have naturally been stressed out by the company treating them differently to close contacts and forcing them to use up their sick leave,” Mr Treen said.

“No explanation was being offered as to why this was happening.”

A SkyCity spokesperson said, as one of many large companies significantly impacted by the Omicron outbreak, the casino intended to apply for the COVID-19 Leave Support Scheme.

This subsidy operated similarly to previous wage subsidies, offsetting employer costs for workers who contract the virus or had to self-isolate, rather than being passed on to individual employees directly.

“SkyCity is confident it is applying the subsidy in accordance with [Ministry of Business, Innovation and Employment] guidelines and employment law.”

Mr Treen said the union was told used sick leave would be “restored” once the subsidy was received, however, that promise had “proved a naive hope”.

SkyCity was using the pandemic as an excuse to scrub large amounts of sick leave, lieu days or annual leave accrued throughout the past two years, he said.

“Any reduction in liabilities boosts potential profit. If they can force the worker to use up all their sick leave whilst also claiming the subsidy, it is a win-win for the company.”

In an email to Unite, SkyCity claimed leave payments “only partially covered” the financial impact of an employee who was unable to work due to being sick with COVID-19.

“SkyCity feels that it is entirely reasonable that employees use their existing sick leave allocations first before compassionate leave is provided,” the email read.

The union saw “no reason” for any sick leave to be taken from staff and believed it all needed to be reinstated, Mr Treen said.

MBIE national manager of labour inspectorate Stu Lumsden said employee entitlements to leave and pay were “complex to navigate” and changed rapidly due to COVID-19.

“One of the key challenges is working out employee entitlements to leave when the worker cannot go to the workplace or work from home,” Mr Lumsden said.

Employers should not “require or knowingly allow workers” to come to a workplace when they have COVID-19 or are required to self-isolate, he said. Adding that the first consideration for an employer should be to look after their people, contain the virus and protect public health.

SkyCity said the recent increase in statutory sick leave from five days to 10 would provide additional cover for employees experiencing common winter illnesses on top of COVID-19.

“SkyCity will continue to support staff who are unable to work during this time.”

Source: Stuff

(Link and quotes via original reporting)

Workers at Auckland casino SkyCity are angry with the company for claiming a special leave subsidy for household contacts of COVID-19 cases yet still making those with the virus use up all their available sick leave, Stuff reports.

A SkyCity casino manager of more than a decade spoke to Stuff anonymously, telling the publication it was “frustrating” that management was differentiating between the two.

“We all feel that it should be treated the same, isolation from COVID and actually having it. But it doesn't feel like it is,” the manager said.

Staff who have been forced to use all their sick leave because of COVID-19 could risk coming into work when unwell later in the year, he said.

“Instead of calling in sick, if they've got a bit of a cough or something like that which isn’t COVID-related, I’ve got a massive feeling they'll come into work because they just simply can't afford to be unpaid.”

Unite Union organiser Mike Treen said the union had written to SkyCity in January looking for assurances that sick leave would not be taken from workers in light of “impending widespread Omicron infections”.

“Staff with COVID have naturally been stressed out by the company treating them differently to close contacts and forcing them to use up their sick leave,” Mr Treen said.

“No explanation was being offered as to why this was happening.”

A SkyCity spokesperson said, as one of many large companies significantly impacted by the Omicron outbreak, the casino intended to apply for the COVID-19 Leave Support Scheme.

This subsidy operated similarly to previous wage subsidies, offsetting employer costs for workers who contract the virus or had to self-isolate, rather than being passed on to individual employees directly.

“SkyCity is confident it is applying the subsidy in accordance with [Ministry of Business, Innovation and Employment] guidelines and employment law.”

Mr Treen said the union was told used sick leave would be “restored” once the subsidy was received, however, that promise had “proved a naive hope”.

SkyCity was using the pandemic as an excuse to scrub large amounts of sick leave, lieu days or annual leave accrued throughout the past two years, he said.

“Any reduction in liabilities boosts potential profit. If they can force the worker to use up all their sick leave whilst also claiming the subsidy, it is a win-win for the company.”

In an email to Unite, SkyCity claimed leave payments “only partially covered” the financial impact of an employee who was unable to work due to being sick with COVID-19.

“SkyCity feels that it is entirely reasonable that employees use their existing sick leave allocations first before compassionate leave is provided,” the email read.

The union saw “no reason” for any sick leave to be taken from staff and believed it all needed to be reinstated, Mr Treen said.

MBIE national manager of labour inspectorate Stu Lumsden said employee entitlements to leave and pay were “complex to navigate” and changed rapidly due to COVID-19.

“One of the key challenges is working out employee entitlements to leave when the worker cannot go to the workplace or work from home,” Mr Lumsden said.

Employers should not “require or knowingly allow workers” to come to a workplace when they have COVID-19 or are required to self-isolate, he said. Adding that the first consideration for an employer should be to look after their people, contain the virus and protect public health.

SkyCity said the recent increase in statutory sick leave from five days to 10 would provide additional cover for employees experiencing common winter illnesses on top of COVID-19.

“SkyCity will continue to support staff who are unable to work during this time.”

Source: Stuff

(Link and quotes via original reporting)