Reporting sick due to Corona: Your Rights and Obligations

Questioner

Ir/Madam, I have a question about the procedure for reporting sick due to corona. I work as a hotel receptionist for a large chain hotel. My 38-hour contract runs from November 1, 2019, to June 1, 2020. Due to the corona outbreak, our hotel was closed from March 22nd to April 28th. However, staff was present again from April 6th. A protocol has been sent by email about the symptoms of corona, and when you should report sick. Around March 19th, I came into contact with someone who later turned out to have COVID-19. Around March 22nd, I noticed I had lost my sense of smell and taste. I called my doctor, and he said this was a symptom of COVID-19 and that I should quarantine until I had been symptom-free for at least 24 hours due to the risk of infection. I had virtually no other symptoms and didn't feel ill. Our hotel remained closed until further notice, so I didn't consider calling in sick. At the beginning of April, I received an email that the staff was returning to work, possibly with small jobs in and around the hotel. On April 4th, I received an email saying the start date would be April 6th. However, this email escaped my notice and I didn't read it until the evening of April 5th. I was supposed to have a morning shift the following morning. At the time of reading the email, my sense of smell and taste had not yet fully returned and I was therefore not yet free of complaints. I contacted my hotel manager about this on the evening of April 5th. He was very annoyed that I hadn't called in sick. He said I should have, but the protocol states that you must stay home and call in sick if you have cold symptoms or a fever. I didn't experience this. I explained this to the hotel manager, but he disagreed and also indicated that there would be consequences for me if I didn't report sick on time. I have a meeting about this on April 16th, and I'll probably be clear about what those consequences will be. My question is whether my manager is within his rights to terminate my contract or not renew it due to my failure to report sick. If so, what are my rights in this matter?

Questioner

Your manager doesn't decide whether you should call in sick or not. That's your sole responsibility. In other words, if you think you're sick, you can call in sick. If you don't think you are, you shouldn't be required to do so. Eventually, your employer will refer you to the company doctor (or they'll call you), and they'll assess whether you're also unfit for work due to illness. Your employer cannot/may not dismiss you simply because you haven't called in sick or anything similar. Of course, they can set rules regarding attendance at work, due to the coronavirus pandemic, or the way work is performed, and you must adhere to those rules. If, unexpectedly, an employment law measure is imposed during the conversation, I advise you to contact an employment lawyer. I can assist you if necessary.