Pandemic leave: key aspects to consider if an employee is infected with COVID-19
Galibier Legal, a law firm specializing in labor law, clarifies the rights of companies and workers during the vacation period
BY RRHHDigital, 02:15 – 03 August 2021
Summer is finally coming and with it the long-awaited vacation, but before saying goodbye to work for a few days, you have to think of many other things. For the second year in a row, these months are again atypical due to the Covid-19 pandemic situation, not only because of the restrictions in the destinations chosen but also because of the working relationship and with the company.
With the high cumulative incidence, many workers are starting to wonder what happens if they get infected while on vacation or come in close contact with a positive: are they lost or can they be recovered? can they be postponed?
Faced with this uncertain situation, Tirso Gracia, founding partner of Galibier Legal, a law firm made up of labor law experts and a talent consulting firm, clarifies the doubts that arise in this regard:
In the event of an employee’s infection during his vacation period, as indicated in Article 38 of the Workers’ Statute, and in the event of temporary incapacity, the vacation started or those planned suspended will be interrupted, if they have not been have not been started, and they could be completed over the next 18 months, starting at the end of the year. To justify the situation with the company, it is essential to request temporary incapacity.
If instead of being contagious there is close contact with a positive and therefore health authorities indicate that quarantine or isolation should be observed, the person will also be held temporarily incapacitated due to isolation due to close contact with an infected person. In this way, the requested vacation days can be recovered. In this sense, Tirso Gracias indicates “that it is essential that the workers respond to the company and justify their real situation, given that if they do not show up for work because they have been a contact, but no ‘have no accreditation from the authorities, or not having requested temporary incapacity, the company is entitled to consider that it is absenteeism for unjustified absence. “