MsmeOwner
Can we insist employees to get RtPCR or at least Rapid Antigen test done if they are returning after recovering from illness or coming back from a leave from a different state?
The test results are taking 3-4 days and employees who have no symptoms are not happy that they are not being allowed to resume work. But it is for safety of other employees. Is there any law regarding this?


PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Rkn61
Hr Manager
KK!HR
Management Consultancy
Glidor
Hr Consultant
MsmeOwner
Management

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KK!HR
1314

There is no statute as such, but there would be your rule or regulation stating that on return from leave on medical grounds one has to produce a fitness certificate from competent medical personnel. So using the same Rules, it can be said that for Covid cases, -ve report is a must before the employee is allowed to resume duty.
From India, Mumbai
Glidor
624

Covid19 negative test results are valid for ONLY 72 hours, and it takes one day for sample collection and another day for report collection. plus it is a costly test for minimum wages workers

it would be a undue burden on the employees

however if the company insist to bring such reports then they should reimburse the cost of testing with travelling to from the test centre, and two days(minimum) paid leave for testing and report only


rkn61
559

No statutory obligation. But in view of rise in cases of Covid 19-second wave, it is advisable to
get RTPCR test, either from their home place or at their job place immediately on their return and
submit the result to the company.

From India, Aizawl
sunil-kumar1
1

Getting the test done from one's home town will be of not much use, because after that he/ she has travelled in public transport or had been in public place. It would be better if employer provides this facility and cost can be borne both by company and individual including two days cost of not coming for duty should also be shared by both equally.
From India, New Delhi
PRABHAT RANJAN MOHANTY
530

You can insist employees to get Negative RtPCR or Rapid Antigen test report before joining back the duty after recovery from illness or coming back from a leave from a different state.

Your establishment can float a circular to this effect that the test is mandatory and no one can prevent you to do so, now even govt has made it mandatory RtPCR test for the people coming from other state. It would be better to borne the cost of test by the employer as a welfare measure. There is provision of pre & periodical medical test under Factories Act and Mines Act.

From India, Mumbai
MsmeOwner
Thank you everyone for your views

saswatabanerjee
2287

I disagree with the post by some of the members.
You are fully within your right to insist on -ve test report from a reputed or designated lab after the employee returns from sickness or from a trip out of town.

In fact, it is mandated by law in most of the states (by way of notification issued under Disaster Management Act). In Maharashtra, it would be mandatory at this time to get a negative certificate before allowing the employees back to work.

Further, if any other employee is affected by covid in the work place, the employer is liable for cost of treatement, has to pay full salary of the employee and can not terminate him till he is fully recovered. Therefore, insisting on a negative report is definitely correct.

From India, Mumbai
yessirvijaya@gmail.com
6

There was no Statutory obligation on the part of employer, but it is required in the interest of all employees as he may the Covid carrier for others. If the tested positive employee after staying in home quarantine for required period, may be asked for retest to confirm whether he fully recovered or not.

If the employees bears the cost of the test, may advise employee to produce negative report before resumes duty. It is in the interest of employee and the organization. There was no Statutory condition.

From India, Hyderabad

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.







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