By Vaughan Granier

The opening of the long-awaited trans-Tasman bubble has sent employers scrambling for direction as much as it has sent people reaching for their passports.

The Government has been clear to caution New Zealanders of the “flyer beware” policy that applies to quarantine-free travel: if the bubble bursts, you might get stuck and have to enter quarantine – at your own expense.

Businesses now face a new wave of COVID-19 related dilemmas. What if it’s your employee who’s stuck on the other side of the ditch?

The travel bubble and its employment implications are unchartered waters for employers. In this article, I’ll answer some of the most common questions employers are asking to help you manage the impact of potential border closures on your businesses.

The workplace impacts of quarantine-free travel 

Understandably, after over a year of closed borders, the desire to be reunited with family and friends or to release some pent-up wanderlust is hard to resist.

But the volatility of the border situation can mean the status of the travel bubble could change overnight. Should the bubble burst, you might find your business left high and dry without access to your employees until they make it back across the border. Plus, they’ll likely have to complete a two-week stint in quarantine as well; a one-week holiday quickly becomes three weeks (or more) away from work.

Seven questions to help you prepare for handling employee leave requests and overseas travel

1. Do I have to pay an employee who can’t work because the border has closed?

You don’t have an obligation to pay an employee who can’t work because they chose to travel in the bubble and borders subsequently closed on them. The best course of action is to treat any employee who suddenly can’t work because the bubble has “burst” as being on approved but unpaid leave from the date that their paid holiday leave expires.

If your employee has existing leave benefits available – such as annual leave – you could agree to let them take this in place of unpaid leave.

2. Can I terminate an employee who can’t return to work on time because of a border closure? 

It would be hard to see termination as a reasonable response for failing to return to work because of an outbreak. After all, COVID-19 is under nobody’s control.

If your employee can still work but refuses to, that would be a more complex situation where termination might be appropriate. I recommend you seek advice before proceeding down any termination path in these circumstances.

3. Whose responsibility is the cost of any isolation or travel delays if the borders close again?

By choosing to travel using the bubble, your employee is responsible for the cost of any charges relating to quarantine or travel changes including, accommodation and flights.

It’s worth noting that these costs may incur a decent financial hit, and some employees may find it hard to manage isolation or additional travel costs at short notice. If your employee asks to cash out leave or use other benefits available to them for financial support, you can help them by considering these requests favourably.

4. Can I require employees to take their computer or work devices on vacation to work if they get stuck in quarantine or overseas?

It can be reasonable to request that your employees take their work laptops with them, especially if they can work remotely.

Keep in mind that you must respect your employee’s vacation time. It’s good practice to agree with your employee as to when they would be working or not. Your agreement should be in writing and include:

  • Your expectations around working hours and availability including, consideration for time-zone differences; and
  • Clarity around who is responsible for any additional costs are incurred while working remotely, such as internet connectivity or roaming costs,

5. If employees are vaccinated, does that mean that they can travel regardless of any restrictions?

Simply put, no. Vaccination status does not confer a right to travel regardless of border restrictions. For more advice on the COVID-19 vaccine and your employer obligations read this blog: Covid-19 vaccination: can I tell my employees to get the “jab”?

6. Do I have to cover costs if I send my employee to do business in the bubble?

Always consider your health and safety obligations to your employees first before asking them to do business in the bubble.

If you decide the benefit outweighs the risk, and you send your employees overseas for a business reason, you have an obligation to cover the following costs:

  • Expenses covered for business-related purposes including, transport, insurance, meals;
  • Managed isolation costs;
  • Wages if they can’t return to New Zealand and must work remotely;
  • You may have to pay out other types of leave if your employee contracts COVID-19 while overseas and they run out of sick leave; and
  • You may have to cover medical costs if your employee doesn’t have travel insurance.

A grey area here might be if your employee is doing business overseas, but at the same time takes an opportunity to engage in a personal activity – such as catching up with family. This personal add-on to the business trip may incur additional costs, including quarantine fees if the bubble bursts overnight. This situation should be approached on a case-by-case basis and it’s best to seek advice from a workplace expert.

7. How do I manage sickness or absenteeism during this time?

If you feel the need, you can ask your employee who takes sick leave while working remotely to verify their illness. Remember that you must pay the doctor’s fee if you require proof for less than three days of sick leave, which may incur different costs overseas.

Preparation is key for business continuity

The travel bubbles opening between us and next-door nations have left many people feeling grateful for the return of travel rights – for the optimists around us, there’s a sense that perhaps this is the start of the tables turning back on COVID-19.

But let’s not forget that the travel bubble is a hard-earned privilege. We’ve all seen how quickly a resurgence of COVID can occur. We know that Governments on both sides of the ditch are committed to radical action to prevent COVID-19’s spread in either direction. Complacency here would be a dangerous thing.

As an employer, the best thing you can do is prepare yourself and your employees for the risks should a travel bubble pop while someone in your team is overseas.

I hope that the simple guidelines outlined in this article will help you set realistic expectations and proactively manage any sudden workplace upheavals.

If you have a question about your employer obligations concerning the travel bubble, and you can’t find an answer here, please contact our friendly team of experts for a no-obligation chat – we’re always happy to help!

For the latest information and Government advice on COVID-19, please visit: https://covid19.govt.nz

Vaughan Granier is the National Workplace Relations Manager for HR Assured NZ. He has over 24 years of experience in international human resources, health and safety, and workplace relations management. With over 10 years working in New Zealand and Australian companies, he provides in-depth support to leadership teams across all areas of HR, Health and Safety, and employee management.