As coronavirus cases rise in New Zealand, many employers and employees will be wondering what their rights and obligations are.

The Government is tightening border controls, with travellers arriving in New Zealand now forced to self-isolate for 14 days from 1am on Monday. The Government's actions are drastic as it tries to contain the spread of Covid-19, but while the situation is uncertain and changing quickly, employers must abide by employment law. 

The Health and Safety at Work Act 2015 requires businesses to mitigate health and safety risks and protect their workers from them, as far as is reasonably practicable.

Many employers who have workers likely to encounter the disease, such as airline, airport and health workers, have provided masks and other protective equipment for frontline staff. 

What if I refuse to self-isolate?

If necessary, the Government can enforce quarantine on individuals refusing to self-isolate for the required 14 days.

Of the 10,000 people who have been through self-isolation, most people have been following requirements, but the Government has quarantine powers available to put people in hospitals or health facilities, Prime Minister Jacinda Ardern says.

In that case, the person would be put in a health facility or hospital, potentially with an official at the door to ensure they don't leave.

Can I take sick leave if I've been asked to be in self-isolation?

An employee who is sick, or who needs to care for a spouse or dependant who is sick, is entitled to paid sick leave under the Holidays Act.

"There will be situations in which an employee is not at work because he or she has been exposed to the risk of infection, but neither is actually infected or sick," Buddle Findlay employment lawyer Sherridan Cook told Stuff in February.

In most cases workers were not entitled to paid sick leave if they weren't sick or injured.

However, many employers may agree to recognise this as sick leave, Cook said.

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"Any agreements made should be recorded in writing, even if simply by email or text.

"Even if the employee is not on paid sick leave, the employee may still be entitled to be paid during their absence."

Do I have to take sick leave?

Paid sick leave (and anticipated sick leave) may be used if the person is sick or needs to care for a sick dependent, says Employment New Zealand.

If paid sick leave is not available, paid special leave should be considered. Other forms of paid leave can be used by agreement between the employer and the employee.

Generally, employers can encourage employees to take sick leave if they are unwell, but they can't direct employees to take sick leave, says says employment lawyer Peter Cullen..

Ultimately, there are ways for employers to keep a sick employee from the workplace. If an employee insists on coming to work and the employer is concerned about their risk to health and safety in the workplace, they can ask the employee to work from home or offer the employee special paid leave.

"If that is rejected the employer can suspend them on full pay (provided the employee gives feedback on whether they should be suspended)."

Essentially, the employer must do what is reasonably practicable to protect other employees, while also being fair and reasonable to any workers it makes stay at home, says Cullen.

What if I'm worried about spreading or being infected by Covid-19?

If a worker can't work from home, they must notify their employer that they believe they're at risk of spreading the coronavirus, and say they are concerned that going to their workplace puts them at risk of exposure, says Employment NZ.

Employers and workers should be guided by latest public health guidance from the Ministry of Health.

If the employer agrees there's a reasonable belief or concern about Covid-19, they must do what is "reasonably practicable" to address the risk.

That could include the provision of health or hygiene supports, and agreeing when paid leave (including paid special leave) or unpaid leave will be used.

A checklist for managing the workplace risk outlines basic measures such as "hygienic coughing and sneezing," removing magazines from lunch rooms and reception areas, and provision of protective gear if required.

It recommends staying at least a metre away from others, replacing meetings with phone calls, video conferencing or email contact.

Can my employer make me take annual leave?

The Holidays Act requires the employer and worker to come to an agreement on when annual leave should be taken.

If both parties can't agree, the employer could direct the worker to take annual holidays on 14 days' notice, although that's unlikely to be a suitable option for dealing with coronavirus.

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An employer who insists a worker stay away as a health and safety measure, or closes the workplace, could require staff to take annual leave if that was in accordance with their contract.

When there are no such provisions, the employer should continue to pay staff, said BusinessNZ.

How do I know if I can work from home?

It's not as simple as just giving staff access to the company's systems from their home, says Cullen.

"The employer's health and safety obligations apply regardless of where the employee is working, and given the circumstances, the employer would need to ensure it was monitoring and actively managing hazards that could emerge for employees working from home.

"We don't anticipate WorkSafe focusing on the penal provisions of the Health and Safety at Work Act. It is more likely that WorkSafe will concentrate on their ability to help and guide employers to cope with this unexpected and dramatic outbreak."

Employers and workers should consider whether working from home is practicable during the self-isolation period. In that case, the worker would be paid normally, says Employment NZ.

If an employer requires an employee not to come to a workplace, an employee should be paid.