Does company gives special leaves to Covid postive employees during work from home

Hello Everyone,

We are Mumbai based company (IT & BPO) and currently everyone is working from home from Dec 2021. Our two employees suffered from covid positive in the first week of Jan 2022 and took 5 working days leaves. Both has shared their RTPCR report and isolated from himself in home only.

Our management wants these leaves to be considered and deducted from their earned leaves and if they don't have ,it will be loss of pay.

There are many companies those are giving special leaves for Covid patients.

Kindly guide.What to do?
Does anywhere from government is mentioned/documented that private company also consider this as paid leaves.

Granting of Covid-19 special leaves, I feel the management has to take a call.

I am aware that on 17/1/22, Deptt of Economic Affairs,Ministry of Finance, GOI, New Delhi
issued a circular regarding Treatment/Regularisation of leave during Covid-19 (third wave).

But this is for Government not for public/private office...will this ?

Government of India
Ministry of Finance
Department of Economic Affairs

North Block, New Delhi
Dated 17th January 2022

OFFICE MEMORANDUM

Sub: Treatment/regularization of leave during Covid-19 (third wave) – regarding.

The number of cases of infection due to COVID-19 in the Department of Economic Affairs has been on the rise during the past weeks. In absence of explicit instructions from DOPT for handling /regularization of leave in third wave, it has been decided that matters such as isolation period/home quarantine/leave etc would be in accordance with instructions issued by ICMR and Ministry of Health and Family Welfare vide their OM dated 05.01.2022 and previous orders issued by DEA on 22.12.2020, in the following manner :


2.This office memorandum shall be valid until further orders or till the issuance of orders by DoPT in this regard.

This issues with the approval of Competent Authority.


( Himanshu Gandhi)
Under Secretary to the Government of India

I am attaching copy of circular. But Private companies can frame
appropriate covid-19 leave policy, based on this

Thanks for your time and inputs.

But i don't think that our Management will be ready to make rules based on that. There should be something or some article where private companies should be ready to accept these things.
Again, there are some companies those giving work from home facilities for them its difficult to digest.

The notice provided by Mr. RK Nair is applicable for government department and not for private organisations.

The government has not issued new circular on leave and payment of Covid treatment in the current wave. In the previous lockdown, Maharashtra Government had issued an order under Disaster Management Act which said that the company will provide unlimited sick leave and pay for full cost of treatment to all employees affected by covid if they were asked / allowed to come to work instead of work from home. For those who are working from home, company would be liable for leave and treatment only if there is a direct link established between the work and the infection.

Following the same principal, since your employees are in WFH, and the infection has taken place well after them going on WFH, the company is not liable to provide sick leave or cost of treatment under the rules. Of course, they can take a employee friendly stand and help the employee out but that is a choice not a requirement of law.

if, however, they are under ESIC, then ESIC will pay for the leave days and the treatment