rkn61
625

ESIC also extended its benefit to IPs, suffering from Covid-19.
Without any second thought, the poster can consider Sick leave to the officer who is
asked to follow home quarantine. If his sick leave is exhausted, then you can consider
special leave or extra ordinary leave to enable him to tide over the crisis.

From India, Aizawl
ssushr
24

Home quarantine person is not bed ridden. The period of quarantine can be treated as period allowed to do the work from home and he can be paid full wages without deduction of any kind of leave without any loss of mandays for management also.
From India, Pune
J S Malhotra
22

Dear Umakanthan Sa'ab!

I do agree with you! Rules are for guidance, but in our case being a Government Sector we also have to keep in mind the provisions being followed in this behalf by other Government Departments / similarly placed companies. I have a few examples, where the Government Departments are asking their employees to apply leave of the kind due for the forced quarantine period imposed by the respective Administration on return from Leave to HQ. There are pros & cons for everything. However, we also have to look on the positive side as to why the employee should suffer for the protocol imposed by Local Administration.

We are, however examining the issue in its depth & breadth taking into account all relevant factors and the practices being followed by others.

Anyway thanks for the valuable contribution by all the esteemed members!

From India, New Delhi
umakanthan53
6018

Your positive response is appreciated, Mr.Malhotra. My views do not exclude Central and State Govt. Departments and PSUs. The country-wide lock down is the brain-child of our Central Govt. in the interest of the people and as such it will not be fair to question the wisdom behind the adhoc decision.
But the people at the helm of affairs should do the situational management exercises with insight and foresight as well. When quarantine is an essential measure that cannot be skipped, what's the difficulty in amending the leave rules accordingly by the concerned organizations themselves or the Central and State Govts issuing an executive direction in this regard?

From India, Salem
Bhartiya Akhil
183

Dear Friends,

It came to my reading today an article by AZB & Partners, Advocates and Solicitors wherein I find one question which is very relevant in our current discussion and therefore I thought to post it here.

The question:

Is there any duty for the employer to compensate employees who have contracted the virus?

Answer:

Currently, there is no requirement for an employer to compensate employees who have contracted the virus. However, certain State Governments have issued notifications/orders requiring employers to grant 28 days of paid leave to employees who have been infected with COVID - 19. If an employee gets infected due to coming to work, it may be possible for the employee to file a tortious claim for damages against the employer.

I am giving the link also of the article, hereunder:

India - Coping With COVID-19 - FAQs For Indian Employers. | Conventus Law

From India, Mumbai
somashekhar.b
The Labour Department Government of Karnataka vide Notification No. KAE 66 KaBani 2020 (Part 1) dated 6th November 2020 (enclosed) has issued below advisory to employers of all public or private companies in the state:-
(1) The period of Quarantine of Employees/Workmen infected by Coronavirus shall not be treated as unauthorized absence
(2) Employers advised to Enable the Employees/Workmen infected by Corona virus to utilize leaves under their Quota for the period of quarantine
(3) The Employees/Workmen who are not coming under the purview of ESIC, even if they are not entitled for leave, if infected by the corona virus, taking in to consideration the larger interest of society, to be granted leave as available/possible, in term of their employment to undergo quarantine
(4) In case Employees/Workmen who are infected by Corona Virus who do not have leave in their account, employers advised to facilitate transfer of leave from the account of other Employees/Wokmen and enable them to undergo the quarantine
(5) Incase Employee who do not have leave under their quota and when it is already fully utilized, employers advised to provide for advance leave which the Employees are eligible to avail in the future so that the infected Employee/Workmen may undergo quarantine
(6) When the Employers are unable to grant leave on their own initiative to Employees and such Employees do not have any kind of leave under their Quota, both Employer and Employees to consult with each other regarding granting of special leaves for the period and come to an amicable solution.
Hence Employers in Karnataka are advised to follow the guidelines in order to ensure maximum containment of COVID-19 and the utmost safety of all employees at their establishments

From India, Bangalore
Attached Files (Download Requires Membership)
File Type: pdf Advisory Regarding Grant Of Quarantine Leave To Employees Infected By Corona Virus In Karnataka.pdf (145.6 KB, 12 views)

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