Navigating Leave Policies: Is an Employee on LWP Eligible for Benefits During Extended COVID-19 Leave?

One of our employees, during the lockdown, left for his hometown to take care of his unwell mother without informing seniors. Meanwhile, the lockdown ended, and management called employees to resume services. After receiving the management message, he informed us that his mother is still unwell, so he is unable to join the office. He requested leave, even though he has only 5 PL days in his account. After that, he informed us that he tested positive for COVID-19 and took a total of around 3 months of leave. Kindly let me know if he is eligible for CL, PL, LTA, and other benefits as he was on Leave Without Pay (LWP).

Thanks & Regards

As you 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.

You have not mentioned whether the leave, if applied formally, was approved or not. Prima facie, it appears that a 3-month leave on account of being COVID positive is too long a period to be granted under the pretext of a parent's sickness. You should bifurcate the COVID care period and Leave Without Pay (LWP), which is an extraordinary leave normally granted in exceptional circumstances as provided for in the employers' leave policy. LWP cannot be taken for granted, and there are conditions under which it may lead to a break-in-service.

It is crucial to clarify under which circumstances LWP is liable for a break-in-service and which is not. This aspect has not been addressed in your leave policy. I am not sure if any documents were produced by him to support his reasoning. Does this period only cover the 'lockdown' declared by the governments or extend beyond that? I do not mean to sound negative, but before making a decision, you need to examine all aspects thoroughly.

You may not avail CL or PL because he has not worked for about 3 months, as Mr. Umakanthan Sir said. However, LTA eligibility is possible if you meet the stipulated eligibility period/criteria as per your company policy.

Regards,
P. Senthil
HR Manager
Coimbatore.

You can permit him to avail "extraordinary" leave on account of Covid-19. However, a 3-month leave for Covid-19 is too lengthy a proposition. The 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, a maximum of 15 days of extraordinary leave can be allowed for him to recoup from Covid-19 if he has no credit of CL/SL/PL in his account.

In Telangana state, COVID-19 leaves are granted for 21 days without any Loss of Pay (LOP). Some employers are providing 28 to 30 days, including quarantine days. Leaves exceeding 30 days may be subject to deduction. I believe this is reasonable! Can anyone provide a response on this? Please reply.

Regards,
Bsrrao
HR
Hyderabad