7 February, 2020
Hong Kong’s quarantine arrangements
As the world continues the global fight against the novel coronavirus epidemic, the Hong Kong Government has announced various quarantine arrangements with regard to persons who have visited Hubei Province or other parts of Mainland China in the past 14 days.
Currently, people who have close contact with confirmed cases, or who have visited Hubei Province in the past 14 days will have to undergo mandatory quarantine. On 5 February 2020, the Hong Kong Government further announced a new quarantine arrangement – effective from midnight, 8 February 2020, whereby all persons entering Hong Kong from Mainland China will have to undergo mandatory quarantine for 14 days. This new mandatory quarantine arrangement is also applicable to any persons entering from other countries if they have visited Mainland China within the past 14 days.
How the workplace may be affected
In view of the new quarantine measures, starting from 8 February 2020, if your staff members return to Hong Kong from Mainland China (or have visited Mainland China in the past 14 days prior to their entry to Hong Kong), they will have to undergo mandatory quarantine for 14 days.The Labour Department has confirmed that if an employee is required or ordered to be put under medical surveillance or quarantine, he or she will be issued a medical certificate with the statement “under medical surveillance”. In such circumstances, the employer is obliged to grant that employee sick leave in accordance with the Employment Ordinance.
It is advisable for employers to have the relevant policies in place to tackle the special arrangement during this difficult period of time. Our recommendations are as follows:
Employers should consider putting in place a policy to suspend business trips to Mainland China and to request employees avoid non-essential travel to Mainland China. There should be a mechanism in place such that management will be informed if any employees have plans to travel to or return from Mainland China, or if they have family members that are subject to mandatory quarantine.
The policy should also cater for special work arrangements in case any staff members are subject to mandatory quarantine. It is now common for companies to have remote working arrangements in place, and it is advisable to have a policy in this regard that sets out the details of such an arrangement to minimise any disruption at work and to the business.
If employees have close family members under mandatory quarantine, employers should consider whether to request the relevant employees do not return to the office for a period of 14 days. Upon discussion and agreement with the relevant employees, they may work remotely (if practicable), or be placed on annual leave or no pay leave. Alternatively, under the Employment Ordinance, an employer may designate an employee to take annual leave upon giving 14 days’ advance notice. On this basis, an employer should consider having a policy in place and ensure that employees are aware and understand that in cases where they have a family member under mandatory quarantine or are advised by the Hong Kong Government to be under voluntary quarantine, their annual leave shall be designated on those days under quarantine.
If a confirmed case is found in respect of any staff member, it would be advisable to have a policy in place to deal with the incident, and to ensure that other staff members are reassured of the safety of their work-place.
There is no doubt that Hong Kong is currently undergoing an extremely difficult period of time.
However, with proper arrangements and policies in place, it is possible to keep disruption to business to a minimal. In Hong Kong, we trust!
For further information, please contact:
Elsie Chan, Partner, Deacons
elsie.chan@deacons.com.hk
