The usual expectation of employee privacy in respect of holiday destinations may change in the light of COVID-19, William Fry lawyers have written in a briefing note.

Partners Ailbhe Dennehy and Jeffrey Greene write that given the heightened risk that foreign travel poses to workplaces, and employers' responsibilities under the Return to Work Safely Protocol, employers may attempt to restrict annual leave or insist upon further leave being taken before returning to the workplace. 

Green list

The COVID-19 ‘green list’ of safe countries to which to travel, means more employees will now travel abroad, the lawyers say.

Generally, employees do not need to notify bosses that they have recently travelled abroad.

In ordinary times, no details are required of an employee's annual leave plans and privacy is expected. 

Restrictions

However, given COVID-19 restrictions, employers may need to ask employees to confirm foreign travel plans. 

Many employers are now temporarily amending annual leave policies to require employee notification of planned foreign travel, due to risks of bringing COVID-19 into workplaces. 

Employers can use that information to discuss next-steps for employees and to help with contact-tracing.

Employers generally cannot refuse an annual leave request simply because an employee is going abroad on holiday, the William Fry lawyers say.

However, as current government advice is not to travel abroad, the overriding requirement to keep the workplace safe may impact on returning employees. 

Workers going on 'green list' holidays can likely return to work as normal immediately on their return. 

Refused

But for non-green list destinations, while the annual leave itself may not be refused, working location and/or pay may ultimately be affected.  

Government advice is that a 14-day period of self-isolation is required on return from a 'non-green list' country.

The employee cannot enter the workplace but may work remotely and be paid as normal.

However, if those required to self-isolate cannot work remotely, employers may be reluctant to pay wages as normal, especially if an advance warning has been made.

In most cases, this period of restricted movement would also not qualify an employee for the COVID-19 Enhanced Illness Benefit payment or any sick pay entitlements.

Unpaid leave

Public sector workers have been told that pre-approved unpaid leave would be required for the 14-day period of restricted movement upon return from non-essential travel.

The William Fry team warns that employees should be made aware in advance of the potential repercussions for foreign travel that goes against public health advice.

Where necessary, employers should update their policies to cover this.