Does an employer have to inform about an employee sick with COVID-19?

This matter has been clarified by the Commissioner for Human Rights (Rzecznik Praw Obywatelskich), whose website states that although none of the regulations dated 9, 23, 30 October and 3 November 2020 (concerning the establishment of certain restrictions, obligations, and prohibitions in connection with the state of epidemic) explicitly impose such a duty on employers, this obligation can be inferred from the Labour Code (Article 207 §2 in conjunction with Article 304 and Article 226 point 1).

The employer is responsible for occupational health and safety conditions at the workplace. The employer is obliged to protect the health and life of employees by ensuring safe and hygienic working conditions, using appropriate scientific and technical advancements. As a result, the employer bears responsibility for employee safety, and if they suspect or observe symptoms of the virus in an employee, they should report the case to the local sanitary-epidemiological station (Sanepid). In particular, the employer is obliged to:

• organise work in a manner ensuring safe and hygienic working conditions,
• ensure compliance with occupational health and safety regulations and rules in the workplace, issue instructions to rectify any deficiencies in this area, and monitor the implementation of these instructions,
• respond to the needs related to occupational health and safety and adapt measures aimed at improving the existing level of health and life protection for employees, taking into account the changing working conditions,
• develop a coherent policy for preventing workplace accidents and occupational diseases that considers technical issues, work organisation, working conditions, social relations, and the impact of the working environment,
• include the protection of young workers, pregnant or breastfeeding employees, and employees with disabilities in preventive actions,
• ensure compliance with orders, decisions, and recommendations issued by workplace safety supervisory authorities.

The Central Institute for Labour Protection – National Research Institute (CIOP-PIB) recommends establishing procedures for responding when an employee shows symptoms of COVID-19. These procedures should specify how to:

• handle an employee suspected of having COVID-19, including providing a protective mask and gloves, and isolating them from other employees,
• compile a list of individuals who had direct contact with the potentially infected employee,
• report the suspected COVID-19 case to the relevant county or provincial sanitary-epidemiological station.

Any questions regarding the scope of the employer’s obligations may be directed to the Ombudsman’s helpline: 800-676-676