Balancing Safety and Employee Concerns: Can We Require COVID Tests After Leave?

Can we insist employees get an RT-PCR or at least a Rapid Antigen test done if they are returning after recovering from illness or coming back from 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. However, it is for the safety of other employees. Is there any law regarding this?

There is no specific statute addressing this issue, but typically, there would be a rule or regulation in place requiring employees returning from medical leave to provide a fitness certificate from a qualified medical professional. Similarly, following these rules, it can be inferred that for cases involving Covid-19, a negative test result is mandatory before an employee can resume their duties.

Covid-19 Test Requirements and Employee Burden

Covid-19 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 wage workers.

It would be an undue burden on the employees. However, if the company insists on requiring such reports, they should reimburse the cost of testing, including travel to and from the test center, and provide two days (minimum) of paid leave for testing and report collection.

RT-PCR Testing Advisory

There is no statutory obligation. However, in view of the rise in cases of the COVID-19 second wave, it is advisable for employees to get an RT-PCR test, either from their home or at their workplace, immediately upon their return. They should submit the result to the company for the safety of all employees.

Testing After Travel or Illness

Getting the test done from one's hometown will not be of much use because, after that, he/she has traveled in public transport or has been in public places. It would be better if the employer provides this facility, and the cost can be borne both by the company and the individual. Additionally, the two days' cost of not coming for duty should also be shared equally by both parties.

Mandatory Testing for Returning Employees

You can insist that employees obtain a negative RT-PCR or Rapid Antigen test report before returning to duty after recovering from an illness or coming back from leave in a different state. Your establishment can circulate a notice stating that the test is mandatory, and no one can prevent you from implementing this requirement. Additionally, the government has now made RT-PCR tests mandatory for individuals arriving from other states. It would be beneficial for the employer to cover the cost of the test as a welfare measure.

Legal Provisions for Medical Tests

There are provisions for pre- and periodic medical tests under the Factories Act and Mines Act.

I disagree with the post by some of the members.

Legal requirements for negative test reports

You are fully within your right to insist on a negative 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 states (by way of notification issued under the Disaster Management Act). In Maharashtra, it would be mandatory at this time to get a negative certificate before allowing the employees back to work.

Employer responsibilities in case of COVID-19

Further, if any other employee is affected by COVID in the workplace, the employer is liable for the cost of treatment, has to pay the full salary of the employee, and cannot terminate him until he is fully recovered. Therefore, insisting on a negative report is definitely correct.

Testing Employees for COVID-19 After Recovery

There is no statutory obligation on the part of the employer, but it is required in the interest of all employees as they may be COVID carriers for others. If a tested positive employee, after staying in home quarantine for the required period, may be asked for a retest to confirm whether they have fully recovered or not.

If the employee bears the cost of the test, the employer may advise the employee to produce a negative report before resuming duty. This is in the interest of the employee and the organization. There is no statutory condition.