Alert Level 3 FAQs
Can my Employees travel for work into or outside of Auckland during Level 3?
Travel into, out of, and through Auckland is heavily restricted while the city is at Alert Level 3. You can travel into Auckland if you are:
travelling related to a business or service permitted under the COVID-19 (Alert Levels 3 and 2) Order 2020
returning to your primary home
accessing medical services
maintaining a shared childcare arrangement
relocating a home or business or for
arriving by aircraft, and are scheduled to depart (by aircraft) within 12 hours to another destination; note you may not leave the airport, except to board your flight.
Very limited travel across the Auckland boundary is permitted for some work purposes. You are permitted to travel into or out of Auckland for work if you:
are moving freight. All freight (goods, livestock, waste, etc.) movements can occur into, out of and through Auckland. You should carry documentation, e.g. a purchase or distribution order to show to Police.
are involved in dairy, horticultural or poultry production, processing, or distribution, and have been provided a letter by your employer from the Ministry for Primary Industries.
are providing health services or in an emergency
are a contracted transport provider taking children to or from school
are working on building and construction for critical infrastructure projects, or where this is needed for immediate health and safety risks
are providing scientific services, in particular those supporting the COVID-19 response
are a utility or communication provider — including the news media
work in emergency services
are an electoral candidate
are providing services under the Oranga Tamariki Act 1989, or other social services to maintain critical wellbeing and as crisis support for people who are unsafe or homeless
are supporting or delivering Managed Isolation and Quarantine services, including movement from other ports to Auckland facilities
working at New Zealand Steel Limited's Glenbrook Steel Mill site
work in transport or logistics providers that operate at, or through, an aerodrome, passenger or freight aviation services, passenger or freight shipping services, road freight services, rail freight services, and public transport services that are under contract with a territorial authority
work for organisations supporting critical transport infrastructure that maintains public health and safety
work for a postal operator or courier service
work for organisations listed in Schedule 1 of the Civil Defence Emergency Management Act 2002
For more information on travel into and out of Auckland, and evidence required, click here.
Can we meet with clients in person?
You should continue to meet with your clients at Alert Level 3 by way of remote means, such as zoom video calling. The only exception to this, is if it is in the course of providing an essential service, however social distancing rules will still apply in those circumstances.
What can I do, if my Employee states that they cannot attend to work at Alert Level 3 as they have children to care for?
At Alert Level 3 it is expected that the majority of schools and childcare centres will be open, albeit they will likely be operating at a reduced capacity.
If an Employee is able to work from home at alert level 3, then they should do so. Even if they may possibly be able to work more efficiently from the office, if they can work from home, they should remain working at home.
If an Employee has personal commitments such as childcare or caring for a sick family member, that prevents them from attending to work at Alert Level 3 (despite business being open), you could propose that they use their existing Annual Leave entitlements. Other options could also include utilising sick leave (if their dependants or themselves are unwell), advancing annual leave, paid special COVID-19 leave or unpaid leave.
If you are receiving the Wage Subsidy or Wage Subsidy Extension for the affected Employee, you must generally pass the full amount received on to the Employee, unless they usually earn below the wage subsidy. We suggest you contact us (on 0800 HR FOR U) in this instance, to seek advice.
It is important to remember that Employment Legislation continues to apply during the COVID-19 pandemic. An Employer must act in good faith and conduct themselves as a fair and reasonable. It is important that you continue to consult and communicate with your team, and act fairly and transparently.
What do we need to prepare Health and Safety wise to be able to operate at Alert Level 3?
Firstly, we are advising Employers to assess whether they are able to operate safely at Alert Level 3. Operating safely includes being able to manage risks and protecting your Employees and customers, by abiding by social distancing requirements amongst other Health and Safety guidelines at Alert Level 3. If your business requires close physical contact, it should not open.
Once you have assessed whether you are able to operate safely, then you need to prepare a safety plan for Alert Level 3. This plan will be an extension to your current Health and Safety policies. You need to communicate and share that plan with your team and involve your team in identifying and managing risks as well as ensuring its compliance.
What should my safety plan look like and include?
There are some fantastic free templates available through the Government sites to assist you to prepare your Alert Level 3 safety plan. We suggest you utilise these free templates and customise to your needs, see more at Work Safe.
Top tips to remember while operating at Alert Level 3, and to include in your safety plan:
Basic hygiene measures need to be maintained – regular hand washing, providing hand sanitiser at work stations and in vehicles (where possible), remind your team not to touch their face, regular cleaning of surfaces, and high touch points, wipe down and disinfect all tools and equipment at the end of the day
Social distancing efforts to be maintained - maintain a two metres (preferable) distance or no less than one metre, if needed
Wear the provided PPE and inform your team to advise you if they are running low on any items
Remind your Employees to stay home if they are unwell and to get tested for COVID-19 if they have flu like symptoms
Do we need to create a contact register if we are operating during Alert Level 3?
Yes, we are advising our clients to prepare and maintain a contact register. See our complimentary template, which you and your team can utilise. The contact register should be updated regularly (and at least daily) to record all individual’s that your team members comes into contact with, including:
Contact at two metres
Contact at one metre
Contact in the same area for 15 minutes or longer
As well as maintaining a work contact register, you may like to suggest that those individual’s who are working, also maintain a personal contact register, to record any contact outside of their home and work bubble. This should include details for example of what time and day they went to the supermarket.
The intention of keeping an accurate register of contact, is to enable the Ministry of Health to accurately and efficiently contact trace, should anyone in your workplace become infected with COVID-19.
My Employees do not wish to attend to work at Alert Level 3 as they have health concerns, what do we do?
Normal Employment Law obligations and legislation continue, so it is important that no matter your approach you act in good faith, and as a fair and reasonable Employer would in the circumstances. In doing so, it is important that you continue to regularly communicate and consult with your team.
If your Employee is unwell and is concerned they may have COVID-19 or have had close contact with someone with COVID-19, they should not attend work. You may be able to access the Essential Workers Leave Scheme to cover the Employee’s pay over the period they are unable to attend to work, but it is important to remember that you cannot double-dip and will only be eligible for this if you have not already applied for the Wage Subsidy or Wage Subsidy Extension for that affected Employee.
If the Employee or someone within their bubble is vulnerable, and therefore at higher risk of severe illness from contracting COVID-19, you should discuss their concerns with them and attempt to resolve matters mutually. You may agree that those vulnerable work from home over this period, or change their workplace arrangements, such as the hours they work in order to minimise any risks.
My Employees agreed to a pay reduction while in Alert Level 3 and 4 previously. How should I pay my employees now that we are back in Alert Level 3?
A significant portion of Employers and Employees agreed to a reduction in pay and/or hours during previous Alert Level 3 and 4. This has been agreed in most instances, in order to remain financially viable and to retain Employees, whilst avoiding redundancies.
There is nothing preventing you as an Employer, consulting with your team and proposing that the pay reduction continue, or a further pay reduction take effect, should you financially be in a position where this is necessary.
Any agreement to change an Employee’s terms of employment, including hours and pay must have been mutually agreed and negotiated in good faith. You should ensure that your Employees have had an appropriate amount of time to consider your proposal, provide their feedback and/or agreement.
Remember that you must continue to meet your minimum wage obligations, and if you have applied for the Wage Subsidy Extension Scheme, as a minimum the full Wage Subsidy Extension must be passed onto those affected Employees unless their usual pay is less than the Wage Subsidy Extension amount.
We suggest you contact our team, before you begin discussions to vary your Employee’s terms of employment. We are available to assist and guide you through this process, and have templates we can customise to your needs Contact is on 0800 HR FOR U.
Our business is unable to open at Alert Level 3, what support is available to us and our team?
There will be some businesses particularly those that involve close personal contact that will be unable to open at Alert Level 3.
We suggest you contact MSD and Work and Income to see what support may be available to you and your team. If you have not already, then you should apply for the Wage Subsidy Extension Scheme assuming you meet the guidelines. Your business must have experienced a minimum 40% decline in revenue for a continuous 30 day period. The 30 day period must be:
in the 40 days before you apply (but no earlier than 10 May 2020).
compared to the closest period last year.
The decline must also be related to COVID-19. Applications for the Wage Subsidy Extension Scheme remain open until midnight 1 September 2020.
We are here to help with your future planning, so please contact us to discuss how we may be able to assist on 0800 HR FOR U or send us a message. We have different payment plan options available to support you and your team through this time.
Should I be getting my Employees to complete an induction and/or declaration to confirm they will work safely during Alert Level 3?
Yes, definitely. We are urging our clients to communicate with their team, as to how they can safely operate during Alert Level 3. It is important that your team is aware of their Health and Safety obligations, and other guidelines whilst operating under Alert Level 3. Click here, for a free template Employee Declaration.
My Employee has voluntarily resigned, am I still required to repay the Wage Subsidy Extension to MSD?
If your Employee has voluntarily resigned from their employment, you do not need to repay the Wage Subsidy Extension, including the balance, to MSD. However, any balance of the Wage Subsidy Extension remaining must be used to assist with paying Employees wages.
You are also required to advise MSD of the Employee resigning from their employment and we recommend doing this as soon as possible.