How Should We Respond to an Employee's Extended COVID-19 Leave Due to Lockdown?

Hello, everyone,

Good day! Please help me, an employee went on Covid leave:

1. He has been on leave for the past 1.5 months.
2. He has shared his positive reports multiple times, stating he got reinfected, which is why he went to his hometown, Rajasthan.
3. We have asked him to join the office verbally and shared the below email with him, to which he replied.
4. Can anyone help with the reply we can share, as he states there is a lockdown in Rajasthan until the 24th, but business operations cannot be ignored as his role is important, working on the MIS profile.
5. Our company is a freight forwarder and acts as a customs house agent.

Mail shared:

HR Email

Dear Mr. X,

It has come to our attention that despite several verbal reminders, you were supposed to resume duty.

Your actions, as mentioned above, constitute misconduct as per the Standing Instructions. Therefore, you are required to provide a written explanation as to why suitable action should not be taken against you for the said misconduct.

Please ensure your written explanation reaches us within 48 hours of receiving this notice.

Employee Reply:

Dear Ma'am,

With due respect, I would like to apologize for any inconvenience caused. I tested positive for Covid on 10th April, 2021, and subsequently shared my reports with HR on 11th April, 23rd April, and 26th April, 2021, when I was tested positive, and had a verbal conversation with HR on 7th May when I tested negative.

Due to severe breathing issues and a high fever for almost a month, I had to leave for Rajasthan, where I spent time in quarantine before going home. Now that I have fully recovered, I wish to resume my duties, but due to the lockdown in Rajasthan until the 24th of May, 2021, I am unable to travel to the office.

I apologize for any inconvenience my absence may have caused and assure you that I will return to the office around the 24th of May, 2021, as soon as the transportation restrictions are lifted.

I appreciate your understanding and look forward to a positive response.

Kind regards.

Verification of Lockdown Claim

You need to ask him to submit a copy of the Rajasthan government order extending the lockdown until the 24th of May if you cannot verify the claim independently.

Work from Home Options

As freight forwarders, it should be possible for you to assign him tasks that can be done from home. If his assigned work cannot be completed remotely, consider assigning him to chase overdue payments or track missing consignments. However, make it clear that his salary payment for this period will depend on his performance in these assignments.

Dear Shruti,

The COVID-19 pandemic, especially the second wave, has been a major disruptor of all facets of life. Patients with mild symptoms were advised to rest at home, as hospitals were overwhelmed and unable to attend to those with minor symptoms. In this context, I recommend handling the case with empathy.

You have provided us with an account of the exchange of information between your company and the employee. Overall, the employee remained in contact with the company and was not completely out of communication. Nevertheless, the employee has written:

"Due to COVID-19, I had severe breathing issues and a high fever for almost one month, which is why I had to leave for Rajasthan, as there was no one to take care of me during that time. I spent one week in a quarantine center in Rajasthan and then went to my home."

This indicates that the employee traveled to Rajasthan despite being infected with COVID-19. Please seek clarification from the employee on this. How did he travel? Who allowed him to travel? How did his infection go unnoticed?

If the employee was infected with COVID-19, what support did your company provide? Why did he have to travel to Rajasthan if there was no one to care for him? If this is a failure on your company's part, it warrants investigation.

Your problem is that when the employee was unfit, transportation was available, but when he became fit to travel, he claims he is unable to due to the lockdown. Have you verified his claim? Trains of the Indian Railway are still running. Can he travel by rail?

Once again, I reiterate the importance of being empathetic with the employee. Suspicion has no place here. With so many infections occurring, discontinuity in business operations was inevitable. Allow him to resume his duties on 24th May, give him the benefit of the doubt, and you may close the case.

Thanks,

Dinesh Divekar

Thank you for the guidance, but the employee has not provided any information regarding his travel to Rajasthan. We were in regular touch with the employee, and he also did not inform us that he is facing any such issue related to support. He mentioned that once he is feeling better, he will join the office.