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[COVID-19] Consider Issuing Directions To Treat Quarantine Period As Leave: Karnataka HC To State Govt
Mustafa Plumber
21 Oct 2020 7:17 PM IST
![[COVID-19] Consider Issuing Directions To Treat Quarantine Period As Leave: Karnataka HC To State Govt](https://www.livelaw.in/h-upload/2020/05/02/750x450_374112-covid-19.jpg "[COVID-19] Consider Issuing Directions To Treat Quarantine Period As Leave: Karnataka HC To State Govt")
The Karnataka High Court on Wednesday directed the state government to consider issuing appropriate directions under the Disaster Management Act, for protecting workmen who are forced to undergo quarantine either by reason of infection of COVID-19 or by reason of being primary contacts to ensure that their absence from work is not be treated as leave, by the employers. A division bench...
The Karnataka High Court on Wednesday directed the state government to consider issuing appropriate directions under the Disaster Management Act, for protecting workmen who are forced to undergo quarantine either by reason of infection of COVID-19 or by reason of being primary contacts to ensure that their absence from work is not be treated as leave, by the employers.
A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi said :
"If a person working in a private industry becomes a primary contact of an infected person or is infected himself, is it safe for him to report to work? Will it not lead to the spread of Covid-19?. One of the SOP issued states that a primary contact needs to be in home quarantine for some days so the State executive committee under the Act can issue the directions under the Act."
The bench added "Once direction is issued under DM act, no employer can say the quarantine period is leave." As per protocol a primary contact is advised to be in quarantine for seven days.
The court gave the direction while hearing a petition filed by All India Trade Union Congress (AITUC), which seeks to provide 14 days paid quarantine leave to workmen at factories and other establishments, who are outside the ESI coverage, if they contract Covid-19.
The petition states that workers who depend entirely on wages find it difficult to undergo compulsory quarantine without pay. It pointed out that employees covered under ESI get 28 days of paid leave during the quarantine period.
The court has directed the State Government to take appropriate decisions on this aspect and posted the matter for further hearing on November 11.
