Navigating 14-Day Quarantine Absence: How Should Employers Handle It During COVID-19?

Regulating Absence During Mandatory Quarantine

Institutions, Departments, PSUs, and MNCs are regulating the absence of employees due to the mandatory quarantine period imposed by the administration upon return from outstation leave, as per their convenience, in the absence of relevant provisions under the Leave Rules.

Quarantine Leave Under Government/PSU Provisions

Under the Government/PSU leave provisions, quarantine leave is granted to an employee when absence from duty is necessitated by the presence of certain infectious diseases, such as cholera, smallpox, plague, chickenpox, etc., in the family of the employee.

Current Challenges During the COVID-19 Pandemic

In the prevailing COVID-19 pandemic, the situation is entirely different. Employees are forced into quarantine (despite testing negative for COVID) for 14 days upon return from outstation leave by the respective administration. The question arises here: how should the 14-day quarantine period imposed by the administration be treated? Should it be considered as:
i) Leave availed by the employees (by applying leave of the kind due);
ii) Official duty;
iii) Work from home;
iv) Special paid leave (in the absence of provision under quarantine leave)?

Treatment of Absence for Employees on Tour

Similarly, how will the absence be treated if the employee is deputed on tour and, upon return, has to be quarantined for 14 days as per the mandatory SOP?

Seeking Insights on Government Department Regulations

How are government departments regulating such quarantine periods? Could someone enlighten us, please?

Government Leave Practices and Quarantine Period

Learned members who have information on the practices followed in governments may shed some light, as all of us wish to know the practices being followed. Perhaps some government leave rules contain a type of leave known as 'dies-non.' Under this, these are considered 'extraordinary days' where no work could be carried out, but there is no break in service for various reasons, though it is not reckoned for pension benefits. Is there any rationale behind adopting these norms for the quarantine period? Members are invited to comment on this.

I have been reading reports, and many treat this 'quarantined' period as a special paid casual leave and pay salary. I also believe this is logical and reasonable given the current situation. In the Standard Operating Procedures issued from time to time, many included such a provision. However, I have not come across any information on any attempts by governments to introduce amendments or ordinances to amend provisions of relevant acts/rules. Amendments are highly warranted at this juncture to regulate these peculiar measures that had to be implemented regarding quarantine days.

By the way, how did you manage the nationwide 'lockdown' in force from 24th March '20 until the relaxation was phased in? Perhaps the same method could be considered for the quarantine period as well.

Thank you for your input. Lockdown due to COVID-19 is a very peculiar situation that no one has ever witnessed before. The lockdown was imposed by the government, leading to a complete shutdown similar to a situation like a curfew. Thus, the whole system was dysfunctional. Therefore, the lockdown period is/was to be treated as 'On-Duty', despite not working from the office. However, during the lockdown period, staff was asked to work from home.

Regarding paid Special CL for forced quarantine

The question that arises here is if an employee goes on frequent leave, how many times will the organization consider allowing him paid Special CL, and where to restrict the total number of paid special CL.

Some way out is required under the prevailing situation, which does not seem to be ending in the near future. Absence needs to be regularized in a uniform and conscientious manner with logical reasoning.

I strongly feel GoI should come out with uniform amendments to all relevant acts/rules so that every entity all over the country is covered, considering all permutations & combinations - total lock-down, state-wise/sector-wise, localized, inter-state, etc. This approach can be implemented uniformly across every stream - government, quasi-government, and private sector - to avoid adhocracy and litigations while visualizing and incorporating future contingencies. It's time to act.

Advisory for Employers in Karnataka on Quarantine Leave

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

1. The period of quarantine for employees/workmen infected by Coronavirus shall not be treated as unauthorized absence.

2. Employers are advised to enable employees/workmen infected by 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 if infected by the coronavirus, considering the larger interest of society, as available/possible, in terms of their employment to undergo quarantine.

4. In case employees/workmen infected by 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 for 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 employer and employees should consult with each other regarding the granting of 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.

Impact of COVID-19 on Employee Transfers and Quarantine

During the pandemic, many of my close friends working in central as well as state government jobs have been transferred to other states or intrastate to another city.

If they traveled with their own conveyance provided by the employer, they had to report on duty at the time of arrival and then undergo testing for COVID-19. If advised by the state, they had to follow the norms.

In the case of travel by public transport, the destination state government circulars are very clear regarding isolation and quarantine. A COVID-19 test was conducted on all such employees to ascertain their status, and their report is required at most establishments to update the registers.

In all cases, the employees had to report to the establishment immediately after their arrival and mention the restrictions to be followed as guided by the state in order to avail of these special leaves.