What rights does an employee have if he is required to be put under quarantine?
For employee who has been received quarantine order issued by the medical authority after tested positive for COVID-19 under under Section 15 (1) of the Prevention and Control of Infectious Diseases Act 1988 [Act 342], Observation and Surveillance Order, the employer should provide paid sick or hospitalisation leave to that employee as specified in the respective Employment Contract or by the Employment Act 1955. Therefore, the employee is still entitled to receive his salary in full. Furthermore, the employee is entitled to any and all benefits as paid sick leave and hospitalisation benefits, regardless of whether the employee is quarantined at home or in the hospital.
The employer is not allowed to force or instruct the employees to utilise annual leave entitlement or take unpaid leave during the quarantine period. Unpaid leave should only be authorized when it is agreed upon by both parties ie both the employee and the employer. This is in line with the Guidelines for Handling Disease-Related Issues Including Covid-19 at Work Places (“the Guidelines”) issued by the Labour Department of the Ministry of Human Resources, Malaysia.
If the employer refuses to pay the salary within the period, what action can the employee take?
Employees can submit complaints in the following ways:
(i) Through the “Working for Workers (WFW)” application; or
(ii) By telephone to the nearest State Jabatan Tenaga Kerja; or
(iii) By emailing to the Department of Manpower.
