Umakanthan53
Labour Law & Hr Consultant
Loginmiraclelogistics
Asso.prof.(commerce & Management)
Rkn61
Hr Manager
P.Senthil
Hr Manager
Bsrrao
Hr Manager
+1 Other

Hi, one of our employees during the lockdown, left for hometown to take care of his unwell mother without informing seniors. Meanwhile, lockdown finished and management calls to employees to resume services. After the management message he informed that his mother is not well so he is not able to join the office, he requested leave, though he has only 5 PL in his account, after that he informed that he is COVID-19 positive and took around a total of 3 months leave. Kindly let me know is he eligible for CL, PL, LTA, and other benefits as he was on LWP. Thanks & Regards
From India, Gurgaon
Dear Lodha,
As you yourself have described the absence as 'LWP', it becomes authorized absence without pay. Therefore, this period of absence would be taken into account for his continuity of service. However, he will not earn any leave during this period.

From India, Salem
Hi Lodha,
You have not mentioned whether the Leave (if applied formally) approved or not. Prima facie it appears that 3 months leave on a/c of COVID positive is too long a period to be granted (on the pretext of sickness of parent). You ought to bifurcate COVID care period and LWP which is an extraordinary leave normally granted in exceptional circumstances provided for in the Leave policy of the employers. And LWP cannot be taken for granted. There are ifs & buts which of the circumstances LWP liable for a break-in-service and which is not. This aspect has not be addressed viewing from your leave policy. I'm not sure whether any documents are produced by him to support his reasoning. Does this period only covers 'lockdown' declared by the govts or even beyond? I shall not be sounding negative but before taking a decision you have examine all aspects.

From India, Bangalore
Dear Lodha,
You may not avail CL, PL because he is not worked for about 3 months as Mr.Umakanthan Sir Said.
But LTA eligibility if you have fixed the stipulated eligibility period/criteria that you can consider as per your company policy.
Regards
P.Senthil
HR Manager
Coimbatore.

From India, Coimbatore
You can permit him to avail "extra ordinary" leave on account of Covid 19. But 3 months leave for Covid 19 is too lengthy proposition. Duration of treatment for Covid varies from 7 days to 10 days.
After recovery from Covid 19 he has to be in home quarantine for another 4-5 days. So Maximum 15 days extra ordinary leave can be allowed for him to recoup from Covid 19, if he has no credit of
CL/SL/PL in his account.

From India, Aizawl
Dear Sir's,
In Telangana state Covid 19 leaves are granted 21 days without any LOP. Some Employers are giving 28 to 30 days including quarantine days. More than 30 days leaves can deducted.
I think it reasonable !!!
Can any one respond on this. Please reply.
Regards
Bsrrao
HR
Hyderabad

From India, Delhi
Can you share the notification/circular from authorities?
From India, Aizawl
I came know some companies following the procedure. I think no notification
From India, Delhi
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