Employers Cannot Force Staff to Quarantine

Senior Minister (Security) Datuk Seri Ismail Sabri Yaakob warned employers that there is no need for them to impose mandatory quarantine on staff who have undertaken interstate travel.

He said it is not right for employers to force their staff to take annual or unpaid leave for this purpose. According to the minister, a mandatory quarantine can only be imposed by the government, such as on those who return from overseas or those entering Sabah and Sarawak from Peninsular Malaysia.

"While interstate travel is only allowed for those with police approval, employers cannot make their employees observe a quarantine after they make such journeys.

"This is not as per guideline issued by the National Security Council and employers can't simply make their own rules," he said in his daily briefing Thursday (June 4).

When asked if any action can be taken against the employers, the minister said that the Human Resource Ministry has laws on such issues.

Ismail was asked if companies can force their staff who travelled interstate either for work or personal matters be quarantined and have their pay or annual leave deducted for this.

 

Workers with quarantine order cannot be forced to take annual leave

On March 17, the Human Resources Ministry said that workers who are given a quarantine order for Covid-19 cannot be forced to take their annual leave.

“Workers who were given a quarantine or observation or home surveillance order cannot be forced to use their annual leave for the quarantine period, as the annual leave is part of the workers' rights.

“Employers can order any of their workers who are unwell to not attend work and to grant them paid leave.

“Employers also cannot bar their workers from coming to the workplace without a quarantine order issued by any registered medical practitioner, ” the Ministry said in a statement.

Employers can order sick workers to not attend work and grant them paid leave.

In the statement, employers who do not grant paid sick leave for their workers for the quarantine would be committing an offence under Section 60F of the Employment Act.

The ministry also said that workers are entitled to at least 14,18 and 22 sick leave days (excluding hospitalisation) if they have been working for less than two years; between 2-5 years, or more than 5 years respectively.

Employers are encouraged to grant additional allowance for workers who are given a quarantine period that exceeds their eligible sick leave period.

“Employers have to provide paid sick leave or hospitalisation leave during the entire treatment period for patients who are confirmed as having symptoms of the Covid-19 infection, ” the ministry said.

 

Subsidy for employers

On June 1, The Human Resources Ministry announced that employers can now claim a subsidy of RM150 per Covid-19 screening undertaken by their employees under the Social Security Organisation’s (Socso) Program Saringan Prihatin (PSP), which began on 1st June 2020.

The ministry also agreed to increase the number of Covid-19 screening service providers after a discussion with the Health Ministry and Works Ministry, according to minister Datuk Seri M. Saravanan.

 

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