Employment: Paid Sick Leave for Time in Quarantine

Yesterday the Court granted the State’s request to extend the period during which employees may use paid sick leave for time in quarantine until October 28, 2020.

As you may remember, the Supreme Court repealed an order from the Ministry of Health, according to which a sweeping medical certificate was given to employees in quarantine due to possible exposure to COVID-19. This repeal was to have entered into effect on September 30, 2020.

Despite the Court’s instructions that the government implement an alternative arrangement according to which employees in quarantine and who are unable to work from quarantine receive pay for quarantine days from an alternative source, and not at the expense of their paid sick leave, at present no such arrangement exists.

Yesterday the Court granted the State’s request to extend the period during which employees may use paid sick leave for time in quarantine until October 28, 2020.

Accordingly to the court decision, until October 28, 2020, employers must continue to pay sick leave to employees who are absent from work due to quarantine, at the expense of accrued sick leave.

It is our understanding that employers’ organizations, workers’ organizations and the Ministry of Finance are conducting discussions in order to formulate an alternative arrangement, but they have yet to come to an agreement as to such.

Finally, we would like to remind you that work from home, even in quarantine, is like any other work day, and employers are prohibited from dismissing an employee out sick or in quarantine while using accrued paid sick leave as provided by law.

We are at your disposal should you require counsel or direction on the subject, and we will continue to update on any developments regarding payment while in mandatory quarantine.