Leap Year Implications

With Saturday being 29th February, you may be wondering what the implications are in relation to how your staff should be paid.

Whilst many organisations shall carry on as normal, others may be wondering whether they should be paying their employees extra for the additional day’s work.

An employee’s pay entitlements on 29th February 2020 will depend upon whether they are salaried or receive pay according to the hours they work. Employees who receive the same basic pay every month are not entitled to any extra pay despite potentially working on this additional day. This is because, as salaried workers, they are paid a set salary for the year and this extra day will already have been factored in.

The only time this may change is if there is a term explicitly providing additional pay during a leap year within their contract. Although this is likely to be rare, in this situation organisations will need to honour the terms of the contract and provide pay as specified. Organisations should also check if the extra day does not send staff pay below the national minimum on average, which is currently £8.21 per hour for all workers aged 25 and over.

The situation does differ slightly if the individuals concerned are paid according to the hours they work or the amount of work they do. In this situation, they will be entitled to be paid for all of the time worked, which could mean they receive an additional amount if the extra day means they have worked more hours than usual. For example, persons who work irregular shifts and are asked to work on 29th February may end up coming out with more money overall in February.

As the leap year day does fall at a weekend this year, some organisations may not have to consider this issue. Nevertheless, for those that do, it is important that they are aware of any additional expectations placed upon them.

Advice on managing the Coronavirus outbreak

Steps organisations can take in responding to the Coronavirus potentially posing global risks

The Coronavirus, is a potentially lethal condition that bears similarities to SARS. It has already been registered in numerous other countries across the world, including Canada and France and recent confirmation that individuals have also tested positive for the virus in the UK.

In light of this, organisations should be prepared and take steps to try to minimise the dangers posed by this outbreak.

Organisations should not insist that an employee travels to such an area for work related purposes and should advise employees against travel to such areas for both work and holiday purposes.

Alternatives to travel include postponing a trip, and holding meetings via Skype or video conference where possible.

Employees returning from affected areas

Whilst organisations owe a duty of care to employees to take reasonable steps to ensure their health and safety and to protect employees against reasonably foreseeable risks, there is currently no legal obligation to impose a precautionary suspension of non-symptomatic employees returning from holiday or work in an area known to have experienced incidences of Coronavirus. Additionally, suggestions or added pressure from colleagues should not be regarded as a sufficient reason to impose a suspension.

Where a returning employee appears to be symptomatic of potential exposure, they should be referred to their GP and matters taken from there. If the GP determines that they are symptomatic and certifies them unfit for work then they should be treated as off sick as per normal absence procedure. Colleagues who have had contact with the symptomatic employee should be made aware of the symptoms and advised to contact their GP.

If the GP does not certify the employee unfit for work, but the organisation is still concerned, then they may consider briefly suspending them on precautionary grounds.

Suspension

Where an organisation does choose to suspend returning employees just as a precaution, it will have to be on full pay unless the contract gives the employer a right to suspend without pay for this reason. Such a suspension should not be considered a ‘medical suspension’ or be handled as a disciplinary matter.

Employees who have booked annual leave who were planning to visit areas affected by the coronavirus, understandably may wish to cancel their holiday plans at short notice. This may result in requests to postpone holiday dates that have already been agreed by the employer. These requests should be granted where possible, otherwise employees might feel pressured to risk taking the holiday as originally planned.