It wouldn’t be unreasonable for employers to request that teachers don’t leave the country during half term, according to legal HR experts.

The NASUWT teaching union told Tes that it is advising its members to seek the view of their employers before making any bookings which could lead to them being unable to return to the workplace after half term.

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Schools are getting concerned that teachers having to quarantine after holidays abroad during half term could affect teaching and have a significant financial impact, according to law firm Stone King

Craig Vincent, Head of HR Consultancy Services at Stone King, told Tes: “Schools have been getting in touch with us concerned about their teachers and other staff travelling abroad during the October half term and the risk that they will need to self-isolate when they return if the country they visit is not listed as ‘exempt’, or if it is taken off the list at short notice.

“It may present complications in terms of teaching and running schools if they are missing several key staff as a result of this.

“We are being asked if schools can request that their staff do not leave the country during half term.

“As an employer, this is not an unreasonable request to make and there is no legal reason that they cannot.”

Schools are also asking whether they can treat post-holiday quarantine periods as unpaid leave. According to Mr Vincent, there is no requirement to pay staff for post-holiday quarantining, although schools could explore alternatives such as home working or annual leave, if feasible.

“We are advising schools to inform staff now of the potential consequences of needing to quarantine after a foreign holiday which could include staff having to request unpaid leave,” he said.

A NASUWT spokesperson said: “If a teacher booked a holiday after a quarantine requirement on those returning from abroad was announced and did so knowing that this might mean they would be unavailable to attend work after half term, they could face significant difficulty with their employer, unless they have raised this with them in advance and been granted written permission to work from home during any period of quarantine on full pay.

“Their employer is under no obligation to agree this.​”

But what if teachers have already booked a holiday that cannot be refunded? The situation doesn’t seem to have a quick fix and could potentially put both teachers and school leaders in a difficult position.

Paul Whiteman, general secretary of the NAHT school leaders’ union told Tes: “Schools need all their staff available at the moment, with additional covid requirements and potential shortages due to the testing chaos.

“But quarantine rules could leave teachers confused and potentially out of pocket if they already have a half-term holiday booked that is not cancelled by the tour operator.

“Teachers cannot be expected to change holiday plans to a quarantine exempt destination unless refunds are available to them, and schools cannot bear the burden of missing staff.”

Guidance from the Department for Education reads: “As would usually be the case, staff will need to be available to work in school from the start of the autumn term. We recommend that school leaders discuss leave arrangements with staff before the end of the summer term to inform planning for the autumn term.

“There is a risk that where staff travel abroad, their return travel arrangements could be disrupted due to factors arising beyond their control in relation to coronavirus (Covid-19), such as the potential for reinstatement of lockdown measures in the place they are visiting.

“Where it is not possible to avoid a member of staff having to quarantine during term time, school leaders should consider if it is possible to temporarily amend working arrangements to enable them to work from home.”