Know your rights while working from home
Self-isolating, being placed in quarantine and working from home, has become a reality. But what are your rights?
Many worry whether they will get paid during this time and what their rights are if they fall ill.
Leading law firm Adams and Adams’ employment law experts, Irshaad Savant, Aslam Patel and Thandeka Mhlongo, explain this and answer some
important questions
What are the rights in terms of self-quarantine? Do you get special leave, and what is special leave or does the leave come from sick leave?
Generally speaking, for all intents and purposes, individuals on self-quarantine or self-isolation, remain employees.
Whether they will be entitled to their salaries during such time, depends on the reason for being in self-quarantine or self-isolation. If the employer requires the employee to be in self-quarantine or self-isolation, ordinarily, they will be entitled to their salaries during this period.
In terms of the Basic Conditions of Employment Act, if the employee is sick and is therefore in self-quarantine or self-isolation, the employee should be entitled to sick leave for this period. However, the employee may be required to produce a medical certificate in this regard. If the employee’s sick leave is exhausted, the employer may place the employee on unpaid leave, or depending on the terms of the employment contract, tap into the employee’s annual leave.
Subject to the provisions of the Unemployment Insurance Act (Act), an employee may also apply for illness benefits from the Department of Labour, if the employee is sick for longer than 7 days.
If the employee is subjected to self-isolation or quarantine, at the behest of Government, which we understand now applies in certain instances, it is arguable that the employee would not be entitled to his or her salary from the employer.
Are employees eligible for UIF benefits?
As stated above, an employee may be entitled to illness benefits in terms of the Unemployment Insurance Act, if the employee is sick for longer than 7 days.
An employee who loses income due to reduced working time may also qualify for UIF.
Read the full story on: IOL.