Do employees have a right to get time off to get vaccinated?
In an interview with Today FM, Richard Grogan from Richard Grogan & Associates Solicitors spoke about the following issues:
Can an employee get a day off/ time off to get vaccinated? Can the employer withhold wages for time off?
- Employers cannot withhold wages. The Health and Safety at work Act 2005 states that an employer is obligated to protect the health and safety of their employees.
If the employer cannot find another person to cover can they refuse to let the employee take time off?
- The employer cannot refuse as it is a health and safety issue.
Some employers have requested their employees to take sick leave if they need to get the vaccination.
- Employers cannot do this as it is contrary to the Payment of Wages Act and the Safety, Health and Welfare at work Act 2005.
Some employees only receive notification about the vaccination appointment the day before and do not have enough time to negotiate time off.
- The issue could be discussed with the employer beforehand if the employee makes the employer aware that they are waiting for their appointment. The employer could provide a phone number employees can ring to tell their employer that they received their appointment for the next day.
Can employers ask their employees if they have been vaccinated?
- Employers can ask if they are doing a health and safety assessment on which employees can be brought back into the workplace.
What could happen if an employee refuses to be vaccinated?
- The employer could re-deploy that staff member and where that is not possible terminate the employment.
Will it be legal for employers to terminate a contract of employment on the ground that the employee is not vaccinated? Would the company have to show it is necessary to be vaccinated as employees would be in close proximity to each other?
- In some workplaces, it may not be possible to remain 2 metres apart and employers will also not be able to redeploy employees. The issue of unvaccinated employees will have to be addressed by employers.