As per Government Notice No. 37 of 2022 gazetted on Saturday 12 February 2022, and through a communiqué dated 14 February 2022, the Ministry of Labour has shed some light on the highly awaited provisions as to the implication on the leave of a worker should they:

• be absent to get vaccinated;
• be in self-confinement;
• be refused access to specified institutions for not being vaccinated.

1. Any worker who absents himself from work on any day to get vaccinated shall be entitled to special leave with pay, conditional upon him presenting his COVID-19 vaccination card certifying that he was vaccinated on that day.

This measure takes effect retroactively as from 24 January 2022.

2. Furthermore, any worker who tests positive for COVID-19, has been in contact with a person who tests positive for COVID-19, has been ordered to be self-confined by a quarantine officer, or who has been admitted to a hospital or private health institution for treatment shall be on leave with pay for that period, deducted at his option against any leave he would have been or is entitled to under the Workers’ Rights Act.

Should the worker not be entitled to or have exhausted any leave entitlement, any absence from work may be with pay and deducted at his option against any of his future paid leave entitlement. This provision is subject to notification to the employer of any reason behind his absence on the very first day of such absence. Within three days of resuming work, the worker shall provide his employer with a medical certificate issued by a government medical practitioner evidencing that he has been ordered to self-confine or that he has been admitted to a hospital or private health institution depending on the circumstances behind the absence.

This provision takes effect retroactively as from 20 August 2021.

3. Finally, should a worker not be vaccinated and subsequently not be granted access to specified institutions as per the Workers’ Rights Act, any absence shall be with pay and calculated against the worker’s leave. Should a worker not give his consent for the absences to be deducted from his leave, or where the worker has exhausted all his leave entitlements, any absence shall be without pay.

This provision takes effect retroactively as from 10 February 2022.

These regulations shall apply to any worker governed by the Workers’ Rights Act, Remuneration Regulations made under the Employment Relations Act and include a worker whose basic wage exceeds Rs. 600,000 per year.