As the deadly coronavirus continues to spread, closing offices and triggering a face-mask frenzy both on the mainland and in Hong Kong, law firms in both places are exercising caution, with many advising their staff to work from home.
A spokesperson for Anglo-American law firm Hogan Lovells told ALB that the firm has extended the Lunar New Year holiday for its employees in Beijing and Shanghai until Feb, 9, in line with the Chinese government’s instructions. The firm will then implement flexible working hours depending on local conditions.
Herbert Smith Freehills’ Beijing and Shanghai offices will also be extending their LNY closure, reopening on Feb. 3, with staff in Shanghai to work from home until Feb. 10. Simon Chapman, a partner in Hong Kong, said the team was continuing to monitor the situation closely. “We have robust business continuity plans in place and our crisis and operations teams are assessing and implementing recommendations by authorities in each country affected,” he said.
In line with advice from the Hong Kong government, Chapman said that staff based in the city were being encouraged to work from home for the remainder of the week, with the office slated to open as normal on Feb. 3. “Given the fluidity of the situation, we will review these operational arrangements against the current situation at the end of the week,” he said.
One issue that employers – including law firms – need to be careful about at this time is the collection of data related to employees’ health. According to employment-focused law firm Hugill & Ip, employers must only gather information if it is for a purpose “directly related to the assessment of suitability of the employee’s continuance in employment; or directly related to the employer’s administration of medical or other benefits or compensation provided to the employee.”
“An employer may only need the minimum information about a sick leave application of an employee to verify or calculate the entitlement to sick leave and other related benefits but not the details of the treatment prescribed for the medical condition afflicting the employee,” said partner Carmen Tang.
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