‘Employers can charge 14-day quarantine to leave credits’

By Joseph B.A. Marzan

 

The Department of Labor and Employment-Region 6 on Thursday encouraged employers in Western Visayas to use their employees’ leave credits, or provide other considerations, if workers need to undergo quarantine for potential exposure to the coronavirus disease 2019 (COVID-19).

In an interview with Aksyon Radyo Iloilo, DOLE-6 spokesperson Niezel Sabrido clarified that the policy of letting employees return to work would depend on company policies.

Sabrido mentioned two requirements set by companies – negative results via Reverse Transcription-Polymerase Chain Reaction (RT-PCR) testing or a certificate of completion of quarantine.

“It depends [on the companies], because each company would have a different policy setup relative to the response to COVID-19, on what they would need from an employee before they return to work, whether an employee who would undergo RT-PCR testing or undergo quarantine,” Sabrido said.

Sabrido added that companies can set their own protocols and policies relative to their responses to the COVID-19 pandemic.

The central offices of the DOLE and the Department of Trade and Industry (DTI) on August 15, 2020 issued Joint Memorandum Circular No. 2020-04 which required employers to “implement all necessary workplace safety and health programs, including the following COVID-related programs, at no cost to the employees.”

“What the [DOLE] is saying is that companies should set up their protocols, their policies relative to the response to COVID-19, may it be prevention, or management, which includes, of course, their response or how they would handle a situation where their employees undergo quarantine or undergo RT-PCR test,” she added.

Sabrido said that Advisory No. 34 of the Department of Health-Western Visayas Center for Health Development (DOH-WV CHD) may have negative ramifications on both employers and employees.

Advisory No. 34, which was issued on July 9, 2020, requires the completion of 14-day quarantine for close contacts of confirmed COVID-19 cases, even if their RT-PCR tests already yielded negative results.

She also mentioned DOLE policies stating that employees’ 14-day quarantine will be charged against their leave credits, but this may not be applicable to all employees, especially those that don’t have enough leave credits.

“We cannot really speak on behalf of the [DOH]. What we can actually talk about is the ramifications of an employee who would undergo the 14-day quarantine despite the negative RT-PCR test results because, of course, we know for a fact that our policy in the [DOLE] as well as our supplemental guidelines say that an employee who undergoes 14-day quarantine, definitely it has to be charged from his 14-day leave credits, and we know for a fact that 14 days, sometimes, the leave credits of an employee are not enough to cover the entire 14 days. Hence, of course, this affects the income of an employee greatly if ever that person really has to undergo and complete that entire 14 days,” she said.

Sabrido explained that companies should provide considerations to employees if they are required to undergo a 14-day quarantine.

“In excess of that, the available leave credits, the employer has the option, if either to pay the employee, provide them consideration, and they can work out some policies within the company which can be beneficial on the part of the employee, that they wouldn’t lose income for that particular period, or if the employer cannot really pay them, considering the current situation, obviously that would be leave without pay,” Sabrido said.

She said only the DOH-WV CHD can further clarify the content of its advisory, and that DOLE and the DTI can only intervene on the possible effects of the advisory on employers and employees.

“As to the wisdom relative to the memorandum of the [DOH], I think it can only be the [DOH], considering that this is a health matter, who can really explain what the wisdom is behind their memorandum. We have existing DTI and DOLE supplemental guidelines which were just recently released, that state that, of course, in terms of following the protocol relative to the employees that undergo RT-PCR tests or they are close contacts, we have to comply, of course, with the requirements of the [DOH],” she said.

She said that given the current situation with the pandemic, employers cannot be forced to cover employees’ compensation.

“Anything that is relative to the effect to an employee, that is within the purview of the mandate of the [DOLE], and we understand that we cannot force any company or any employer to pay them while they are under quarantine if they do not have any existing leave credits.

She said that despite the situation, the DOLE hopes that companies, especially the bigger ones, would be encouraged to help their employees.

What is being provided for in our supplemental guidelines is that we are highly encouraging them to be lenient with their employees, and if companies can, especially for big companies, to provide supplemental pay to their employees that undergo quarantine or who have run out of leave credits. But of course, [we] are just highly encouraging them,” she said.

Sabrido further clarified that they may follow the DOH-WV CHD advisory, saying they are well-aware of the DOH’s authority on health matters.

“We’re not saying we will not comply with the memorandum, because in all of our guidelines released by the [DOLE], we are always in compliance with the existing guidelines of the [DOH], because our workplace safety and health supplemental guidelines should be in correlation with whatever is being issued by the [DOH]. It’s difficult to say that it will be up to our discretion. Of course, we have to comply with the protocols that are being implemented by our government agencies, especially by the [DOH], considering that the health aspect is within their expertise,” Sabrido said.