How Are Karnataka Employees Handling Paid Leave for COVID-19 Infections?

Paid Leave for Employees Infected by Coronavirus in Karnataka

The Government of Karnataka, via notification No. 170, for the prevention of the spread of the coronavirus in Karnataka, has instructed the Labour Department to take necessary action. Since there is a need for leave for infected employees, if any, the concerned employees covered under ESI should obtain a declaration from an ESI Hospital and submit it to the employer to avail of twenty-eight days of leave with wages. Employees not covered under ESI shall avail themselves of twenty-eight days of paid sick leave along with other leaves as per Section 15(3) of the Karnataka Shops and Establishment Act, 1961. Please read the notification for detailed information.

The notification issued by the Government of Karnataka (Kannada version) is attached. An English version will be uploaded soon.

Impact of Lockdown on Workers and Businesses

The English version of the notification/circular issued by the Karnataka government is still not available. Given the current situation, the lockdown period may be extended to protect more people from exposure to the contagion. Governments, private offices, malls, and shops have been instructed to shut down. Wherever possible, employers have authorized their employees to work from home and stay connected. However, not everyone has this convenience, opportunity, or environment, especially those in the unorganized sector, daily wage earners, drivers, etc., who rely on businesses operating openly rather than within four walls on a daily basis. The issues faced by these unfortunate colleagues need to be addressed.

Challenges Faced by Retail Stores

Retail stores are among the businesses dependent on the daily activities of people. Without customers, there are no sales, no income, and no wages. If the owner doesn't employ any workers, they can simply shut down and relax at home. However, if workers are employed, shutting down deprives them of their daily wages. We must consider how they will manage to sustain themselves without earned wages. This is a time to rise above cost and profit and address the essential needs of such a deprived group.

Advocacy for Continued Wages During 'Janata Curfew'

The nation is preparing for the 'Janata Curfew,' which implies 'no work, no pay.' It would be inhumane to abandon these workers during these challenging times through no fault of their own. I strongly advocate that shops and other establishments that are shutting down should continue paying their workers at least 75% of their take-home pay/wages, treating these days as 'special paid leave.' To facilitate this, all governments should enact or amend appropriate laws or introduce new legislation across the country. Only such measures will ensure the desired results in combating the deadly virus in all walks of life.

We are an NBFC. We want to provide special leave to our employees who have tested positive for COVID-19, their family members residing with them, or if they are home quarantined due to a positive case in their immediate neighborhood/floor. The number of days for this special leave is 14, and proof must be provided.

Could you please provide me with a circular regarding this matter?

We have no standard format or prescribed form. For your convenience, a draft of communication is attached, which you may consider with the necessary modifications. Hope this helps.

Could anyone share the English version or translation of the notification released by the Government of Karnataka via notification No. 170 dated 05.03.2020? According to the notification, employees who are infected with Covid-19 can avail of 28 days of paid leave.

Advisory for Employers in Karnataka Regarding Quarantine Leave

The Labour Department of the Government of Karnataka, via Notification No. KAE 66 KaBani 2020 (Part 1) dated 6th November 2020 (enclosed), has issued the following advisory to employers of all public and private companies in the state:

(1) The period of quarantine for employees/workmen infected by the coronavirus shall not be treated as unauthorized absence.

(2) Employers are advised to enable employees/workmen infected by the coronavirus to utilize leaves under their quota for the period of quarantine.

(3) Employees/workmen who are not covered under the purview of ESIC, even if they are not entitled to leave, should be granted leave as available/possible, in terms of their employment, to undergo quarantine, considering the larger interest of society.

(4) In cases where employees/workmen infected by the coronavirus do not have leave in their account, employers are advised to facilitate the transfer of leave from the account of other employees/workmen to enable them to undergo quarantine.

(5) If an employee does not have leave under their quota and it is already fully utilized, employers are advised to provide advance leave which the employees are eligible to avail in the future so that the infected employee/workmen may undergo quarantine.

(6) When employers are unable to grant leave on their initiative to employees, and such employees do not have any kind of leave under their quota, both employers and employees should consult with each other regarding granting special leaves for the period and come to an amicable solution.

Hence, employers in Karnataka are advised to follow these guidelines to ensure maximum containment of COVID-19 and the utmost safety of all employees at their establishments.