Workplace bullying and sick leave during Covid-19

If your workplace has turned rather hostile due to Covid-19 panic, you're not alone.

If your workplace has turned rather hostile due to Covid-19 panic, you’re not alone.

Although sickness in the workplace is not uncommon, the strict guidelines in place to reduce transmission of Covid-19 and constant news updates on the spread of the disease can make people hyper-aware and even suspicious of their co-workers’ health.

Gawie Cillié, employment relations expert and lecturer at the University of Stellenbosch Business School (USB), said the alarming rate of infections could potentially provoke social stigma against anyone perceived to have been in contact with the virus or who shows some of the symptoms even if they are not infected.

“Stigma is associated with a lack of knowledge about how Covid-19 spreads, a need to blame others, fears about disease and death, increased tension among teams and gossip that spreads rumours and myths.

“This very stigma can result in people hiding their illness to avoid discrimination and prevent people from seeking health care immediately.

In addition, Cillié said employees who have contracted the virus might experience bullying when they return to work.

“Bullying can be described as repeated and unreasonable behaviour directed towards an employee or a group of employees that creates a risk to their health and safety.

“The constant exposure to news updates about Covid-19 increases anxiety and can result in hostile working environments. Even if teams are working remotely, if someone has been in isolation due to contracting the virus, their colleagues could very well treat them differently even on virtual platforms.

“If people are stifling coughs to avoid harassment from colleagues or being avoided unnecessarily in the office environment, even with the 1.5m safety guidelines in place, hand-sanitising and masks, then management needs to intervene.”

He said labour legislation is there to protect employees. The most relevant are the Occupational Health and Safety (OHS) Act and the Basic Conditions of Employment (BCOE) Act.

“Provisions of the OHS Act state that the general duties of employers to their employees are to provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to the health of employees (section eight).

“With reference to the general duties of employees at work, the OHS Act states that every employee at work shall take reasonable care for the health and safety of themselves and other persons who may be affected by their acts or omissions (section 14).”

Cillié said that if an individual employee contracts the virus and is unable to work, the employer can require the employee to submit a medical certificate and grant the employee paid sick leave in accordance with the BCOE Act.

“However, if the employee must be quarantined due to exposure to Covid-19, they will naturally not be permitted to work at the business premises as a preventative measure.

“In this scenario the employer should grant the employee quarantine leave. The employer is not allowed to force the employee to take sick leave, as the employee will not be able to obtain a medical certificate while under quarantine to submit to his employer.

“Any payment by the employer for quarantine leave is discretionary. However, the employer can assist the employee to apply for UIF illness benefits, which is limited to the usual UIF benefit structure.

“Normal UIF benefits accrue at a rate of one day for every four days worked (maximum credit provisions may apply).”

Cillié said the many workplace challenges posed by Covid-19, requires “collaboration between employers and employees, and a mindset of wanting to understand each others? interests and concerns in an effort in finding common ground.”

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