Hello Everyone,
We are a Mumbai-based company (IT & BPO), and currently, everyone is working from home since December 2021. Two of our employees tested positive for COVID-19 in the first week of January 2022 and took 5 working days of leave. Both have shared their RT-PCR reports and have isolated themselves at home.
Our management wishes to consider these leaves as deductions from their earned leave balance. If they do not have enough leave balance, it will result in loss of pay.
Many companies are providing special leaves for COVID patients. Could you please guide us on what to do? Is there any mention or documentation from the government that private companies should also consider these leaves as paid leaves?
Thank you.
From India, Mumbai
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We are a Mumbai-based company (IT & BPO), and currently, everyone is working from home since December 2021. Two of our employees tested positive for COVID-19 in the first week of January 2022 and took 5 working days of leave. Both have shared their RT-PCR reports and have isolated themselves at home.
Our management wishes to consider these leaves as deductions from their earned leave balance. If they do not have enough leave balance, it will result in loss of pay.
Many companies are providing special leaves for COVID patients. Could you please guide us on what to do? Is there any mention or documentation from the government that private companies should also consider these leaves as paid leaves?
Thank you.
From India, Mumbai
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Granting of Covid-19 special leaves, I feel the management has to make a decision.
I am aware that on 17/1/22, the Department of Economic Affairs, Ministry of Finance, Government of India, New Delhi, issued a circular regarding the Treatment/Regularization of leave during Covid-19 (third wave).
From India, Aizawl
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651I am aware that on 17/1/22, the Department of Economic Affairs, Ministry of Finance, Government of India, New Delhi, issued a circular regarding the Treatment/Regularization of leave during Covid-19 (third wave).
From India, Aizawl
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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
From India, Mumbai
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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
From India, Mumbai
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I am attaching copy of circular. But Private companies can frame appropriate covid-19 leave policy, based on this
From India, Aizawl
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From India, Aizawl
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Thank you for your time and inputs.
However, 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.
Furthermore, there are some companies that provide work from home facilities, and for them, it's difficult to accept these changes.
From India, Mumbai
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However, 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.
Furthermore, there are some companies that provide work from home facilities, and for them, it's difficult to accept these changes.
From India, Mumbai
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The notice provided by Mr. RK Nair is applicable for government departments and not for private organizations.
The government has not issued a new circular on leave and payment for Covid treatment in the current wave. In the previous lockdown, the Maharashtra Government had issued an order under the Disaster Management Act, which stated that companies must provide unlimited sick leave and cover the full cost of treatment for all employees affected by Covid if they were asked or allowed to come to work instead of working from home. For employees working from home, the company would only be responsible for leave and treatment if a direct link between the work and the infection is established.
Following the same principle, since your employees are working from home and the infection occurred after they started working from home, the company is not obligated to provide sick leave or cover the cost of treatment under the rules. However, they can choose to take an employee-friendly approach and assist the employee, but this is not a legal requirement.
If the employees are under ESIC, then ESIC will cover the leave days and the treatment.
From India, Mumbai
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The government has not issued a new circular on leave and payment for Covid treatment in the current wave. In the previous lockdown, the Maharashtra Government had issued an order under the Disaster Management Act, which stated that companies must provide unlimited sick leave and cover the full cost of treatment for all employees affected by Covid if they were asked or allowed to come to work instead of working from home. For employees working from home, the company would only be responsible for leave and treatment if a direct link between the work and the infection is established.
Following the same principle, since your employees are working from home and the infection occurred after they started working from home, the company is not obligated to provide sick leave or cover the cost of treatment under the rules. However, they can choose to take an employee-friendly approach and assist the employee, but this is not a legal requirement.
If the employees are under ESIC, then ESIC will cover the leave days and the treatment.
From India, Mumbai
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