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What is the procedure for imposing quarantine? May the employer order the employee to go into voluntary self-isolation? Is the employee entitled to sick leave benefit during such period?
In case an employee is suspected of being infected with a contagious disease and the employer’s business activities and the nature of the employee’s position renders it feasible, the Labor Code states that the employer and employee may agree that the employer temporarily allows the employee to choose his place of work (home office), assuming that the necessary IT equipment is available to do so.
If the employee is willing and able to perform, is fit for work, but the employer decides to employ the employee outside his regular working hours for the purpose of prevention (i.e., for an employee recently returned from abroad) or “prohibits” work for the employee, then the duration of his absence shall be considered as work time, for which base salary (downtime) is due. The assumption is that the danger of contagion related to the given employee can be averted with the resources available to the employer, who is objectively able to implement the preventive measures. As the employees are not incapacitated in this case, they are not eligible for sick leave benefits.
Source: ITM [Ministry for Innovation and Technology] Secretariat for Employment Policy
If the employee is willing and able to perform, is fit for work, but the employer decides to employ the employee outside his regular working hours for the purpose of prevention (i.e., for an employee recently returned from abroad) or “prohibits” work for the employee, then the duration of his absence shall be considered as work time, for which base salary (downtime) is due. The assumption is that the danger of contagion related to the given employee can be averted with the resources available to the employer, who is objectively able to implement the preventive measures. As the employees are not incapacitated in this case, they are not eligible for sick leave benefits.
Source: ITM [Ministry for Innovation and Technology] Secretariat for Employment Policy