28 days leaves for COVID 19 patients

Ask the Community
, , , , ,
1

Dear all,

As per circular by Karnataka Labour Department dated Mar 05, 2020, employees working in an Industry to which ESIC is not applicable, is eligible for 28 days paid leaves if he is COVID 19 patient.

But is there any similar rule for an employee who is out of ESI coverage but working in an Industry to which ESI is applicable?

Please suggest.

Regards,

Shrivatsa

5 Likes
2

Hi,
Employees who are not covered under ESI due to whatever reason should be covered under General Health Insurance by the organisation and are eligible to avail paid leave of up to 28 days as per S&E Act that covers Sick leaves. Trust this helps.

4 Likes
3

Thanks, @vgulvady even @Bhuvana_Anand suggests the same as mentioned by Karnataka S&E Act circular recently.

Yet to hear more from the others on their best practices in the org. in this case.Karnataka - Paid Leave For Employees Infected By Corona Virus In Karnataka- 05-03-20.pdf (79.5 KB)

4

We have left it open under an exception clause of our leave policy that in any case of such pandemics or epidemic situations the number of Sick Leaves would vary for the affected employees as per the labor laws of the particular state and Government rules and
regulations.

Based on this we have been providing the leaves to our affected employees.

5 Likes
5

Dear All,

The above stated queries and laws seems to be limited to Karanataka S&E Acts. Is there any similar laws covering under Maharashtra S&E Acts?

2 Likes
6

Hi @amar_joshi,

Welcome to the community and congratulations on your first post!

We will wait to hear suggestions from our community members on your question soon.

Quick request to all the members, anyone who has good knowledge in Maharashtra S&E Acts can quickly jump in and help…

Thanks.

2 Likes
7

Hi,

The above link provides the leave norms of Maharashtra as well. Will come back shortly on notifications specifically in COVID-19 situation, if any.

6 Likes
8

@Bhuvana_Anand Thanks for sharing the details. This should be helpful too.

Will wait for more details on leaves during Covid-19 situations

1 Like
9

Hi Amar,

There is no specific notification in Maharashtra on leaves.

A notification dated 31 March 2020 states that all Private, Establishment, Shops (Except Essential Services), Factories etc. Workers, contractual, temporary, daily wages workers who had to remain at home/place due to the outbreak of COVID-19 and lockdown orders by Government of Maharashtra, all such worker/ employees shall be deemed to be on duty and to be paid full salary and allowances.
Order By Maharashtra Labour Department To Pay Full Wages To Employees.pdf (155.0 KB)

7 Likes
10

Dear All,

Could anybody help me with the circular issued by the Karnataka Government on Paid leave in English version. Is there any amendment to this or is this circular still valid?
Also, please suggest is 28 days of paid leave applicable for contract employee as well?

Kindly share your inputs.
Thanks

2 Likes
11

Hi @trivenip10

Thanks for posting this. Answering this on behalf of @Bhuvana_Anand.

Yes! Contract workers are included.

In whichever labour law (for example Factories Act) wherein the definition of workmen or worker includes contract labourers as well, they are entitled to a certain set of leave privileges as mentioned.

2 Likes
12

Thanks for the information Dinesh.

Is 28days paid leave mandatory rule or just a advice given by the government?

1 Like
13

It was a mandatory GO passed by the Govt. But that was during the lockdown time and now they have eased majority of the norms.

Note: they have also not mentioned till when is this valid etc.

Also suggest that have a legal opinion once on the implications.

5 Likes
14

Hi,

Can I get this in English version please?

Thanx/Regards
Senthil

2 Likes
15

Hi Senthil,

I would love to help you in this, unfortunately Govt only released in Kannada.

Will get back if there is an english version.

1 Like
18

Dear Dinesh,

English translation of the Kannada Order dated 18-01-2021 in respect of
granting 14 days leave with wages for the employees tested positive for COVID-19 is enclosed for your reference.

Best Regards,
Jagadeesh R
English Trans _ Order 14 days leave.pdf (156.6 KB)

2 Likes
19

Dear Jagadeesh,

Is this notification for 14 days or 28 days leaves?

Totally confused now.

Kindly advise.

Thanks

1 Like
20

Hi,

Yes employees should get 28 days covid leaves. For those who are under ESI , ESI will take care and employer will get a certification of leave till that time you need to accept the leaves. Payment part ESI will take care.