07.2022 Life Guide
Epidemic prevention related labor rights and interests q&a
Far eastern New Century Corporation / CAIJIALING
With the rapid warming of covid-19 epidemic, many people need to ask for leave and isolation because they or their families are diagnosed, but they do not know what certificates to provide? Why not? Can you please receive labor protection... Etc. this issue specially summarizes the labor rights and interests related to epidemic prevention for your reference.
1、 What leave can workers take if they are infected with covid-19?
During the period of isolation treatment, workers may take ordinary sick leave, special leave or personal leave. From April 8, 2022, if a person asks for "sick leave", the number of days of leave shall be included in the calculation of inpatient sick leave. The employer shall give leave and shall not withhold full attendance bonus for this reason.
2、 What kind of certificate should be attached when the worker is diagnosed with covid-19?
If the worker fails to immediately receive the notification of isolation treatment of the confirmed case, the PCR positive test results of the "national health insurance express" app or several covid-19 health certificates can also be used as proof of leave. Please go to the app to query the results, and then ask for leave from the employer through screenshots or printouts. If the worker fails to provide relevant supporting documents when asking for leave for some reason, he may supplement them afterwards.
3、 After covid-19 infection, if the worker has finished home care and entered the stage of "independent health management", can he continue to apply for "sick leave"?
If you still feel unwell during independent health management, you can take sick leave, which is calculated as non hospitalized sick leave (no more than 30 days within 1 year).
4、 If the insured is diagnosed with covid-19, can he apply for ordinary injury payment? What is the payment standard and claim time limit?
In line with the overall epidemic prevention policy and the protection of the insured's payment rights and interests, and in accordance with the relevant provisions of the law on the prevention and control of infectious diseases, the labor insurance insured who has been diagnosed with covid-19, whether admitted to a hospital, an enhanced centralized quarantine station, an epidemic prevention Hotel, or home care, if he cannot work and thus fails to obtain the original salary, from the fourth day of being unable to work, he can apply for ordinary injury payment in accordance with the relevant provisions of the labor insurance Ordinance.
In addition, according to the labor base law and its implementation rules, if the insured fails to receive the salary part of the number of days of rest due to "special leave", "flexible leave" or "overtime compensatory leave" during the period of ordinary injury and illness, it is still a loss of "original salary". In order to avoid affecting the rights and interests of workers on special leave, the insured may apply for ordinary injury and illness benefits in accordance with the above provisions.
The payment standard is 50% of the insured's average daily insurance salary (that is, the average monthly insurance salary in the six months before the month of diagnosis ÷ 30), which will be paid from the "fourth day" when the insured can't work. For example, if covid-19 was diagnosed on May 8, 2022, and has been in home care from May 8 to 14, 2022, and has not worked or obtained the original salary, and the average monthly insured salary is ntd45800, you can claim ntd45800 ÷ 30 for injury and illness benefits × 4 days (from the 4th day of isolation) × 50%NTD3,053。
The limitation of claim for labor insurance injury payment is 5 years, and the insured can apply again after he recovers or resumes work.
V. can the labor not be absent from work after being approved by the competent health authority as "independent health management, independent epidemic prevention or the object of independent response"?
Workers should pay attention to their own conditions at any time during the above period. In case of physical discomfort such as fever, diarrhea, respiratory tract disease, etc., they should seek medical treatment and rest as soon as possible. During this period, they can take ordinary sick leave, personal leave or special leave. If you have no symptoms and want to recuperate at home by yourself, you can also take special leave or personal leave.
Vi. how to ask for leave if the worker's family members are required by "home quarantine", "home quarantine", "centralized quarantine" or "centralized quarantine", but cannot take care of themselves and need the worker's personal care?
According to the provisions of the special ordinance on the prevention, treatment, relief and revitalization of severe special infectious pneumonia, workers may apply for "Quarantine leave for epidemic prevention", which shall be granted by the employer, and shall not be regarded as absenteeism, or forced workers to take personal leave or other leave, nor shall they be deducted full time bonus, dismissed or other adverse sanctions.
7、 How can a worker's family members ask for leave if they are classified as "independent health management, independent epidemic prevention or self emergency response objects" and need to be taken care of by the worker himself?
Workers can take family care leave, personal leave, or schedule special leave. If they take family care leave, the number of days of leave and personal leave are combined, and there are a total of 7 days in the whole year. Both parents can take leave according to this regulation. In addition, when a worker applies for family care leave, the employer shall not refuse it, and it shall not be regarded as absence from work, which will affect the full-time bonus, performance appraisal, or other adverse sanctions.
8、 If schoolchildren have adverse reactions due to covid-19 vaccination, can parents ask for "epidemic prevention care leave"?
According to the Ministry of education letter, after the vaccination of school children aged 6 to 11, if there are adverse reactions from the same day, they can apply for vaccine leave, which will not be included in the absence record. The principle is three days (including the day of vaccination), and it can be extended if necessary. During the vaccine leave, if parents need to take care of themselves, one of them may apply for epidemic prevention care leave.
9、 Can parents ask for "epidemic prevention care leave" during their children's "three days at home + four days of independent epidemic prevention"?
According to the Ministry of education letter, during the period of "three days at home + four days of independent epidemic prevention", if parents have the need to personally take care of "children under the age of 12 (i.e. under the age of 13)" or "children with physical and mental disability certificates in national middle schools, senior secondary schools, fifth grade one, second and third grades", one of the parents may apply for "epidemic prevention care leave".
10、 Due to the need of epidemic prevention, the childcare center and home-based childcare services are suspended. Can parents ask for epidemic prevention care leave during the period of childcare?
According to the letter of the Ministry of health and welfare, since the nursery and infant center is a highly dense place, and children under the age of 2 have not been vaccinated, the practice of the Ministry of education standardized kindergartens is referred to, that is, if the confirmed case has been sent to the nursery "within 2 days before the diagnosis", the infants and nurseries in their classes will be suspended for 3 days; If the organization has no shift or the shift service mode is not clear, it is regarded as the same shift; In addition, home care services are also handled in a similar way. In addition, parents who need to take care of their children during the suspension of childcare may apply for epidemic prevention care leave. (source: Ministry of labor)
Note: relevant labor rights and interests will be adjusted in a rolling manner according to the epidemic situation. If there is any change, please focus on the latest announcement of Ministry of labor.
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1、 What leave can workers take if they are infected with covid-19?
During the period of isolation treatment, workers may take ordinary sick leave, special leave or personal leave. From April 8, 2022, if a person asks for "sick leave", the number of days of leave shall be included in the calculation of inpatient sick leave. The employer shall give leave and shall not withhold full attendance bonus for this reason.
2、 What kind of certificate should be attached when the worker is diagnosed with covid-19?
If the worker fails to immediately receive the notification of isolation treatment of the confirmed case, the PCR positive test results of the "national health insurance express" app or several covid-19 health certificates can also be used as proof of leave. Please go to the app to query the results, and then ask for leave from the employer through screenshots or printouts. If the worker fails to provide relevant supporting documents when asking for leave for some reason, he may supplement them afterwards.
3、 After covid-19 infection, if the worker has finished home care and entered the stage of "independent health management", can he continue to apply for "sick leave"?
If you still feel unwell during independent health management, you can take sick leave, which is calculated as non hospitalized sick leave (no more than 30 days within 1 year).
4、 If the insured is diagnosed with covid-19, can he apply for ordinary injury payment? What is the payment standard and claim time limit?
In line with the overall epidemic prevention policy and the protection of the insured's payment rights and interests, and in accordance with the relevant provisions of the law on the prevention and control of infectious diseases, the labor insurance insured who has been diagnosed with covid-19, whether admitted to a hospital, an enhanced centralized quarantine station, an epidemic prevention Hotel, or home care, if he cannot work and thus fails to obtain the original salary, from the fourth day of being unable to work, he can apply for ordinary injury payment in accordance with the relevant provisions of the labor insurance Ordinance.
In addition, according to the labor base law and its implementation rules, if the insured fails to receive the salary part of the number of days of rest due to "special leave", "flexible leave" or "overtime compensatory leave" during the period of ordinary injury and illness, it is still a loss of "original salary". In order to avoid affecting the rights and interests of workers on special leave, the insured may apply for ordinary injury and illness benefits in accordance with the above provisions.
The payment standard is 50% of the insured's average daily insurance salary (that is, the average monthly insurance salary in the six months before the month of diagnosis ÷ 30), which will be paid from the "fourth day" when the insured can't work. For example, if covid-19 was diagnosed on May 8, 2022, and has been in home care from May 8 to 14, 2022, and has not worked or obtained the original salary, and the average monthly insured salary is ntd45800, you can claim ntd45800 ÷ 30 for injury and illness benefits × 4 days (from the 4th day of isolation) × 50%NTD3,053。
The limitation of claim for labor insurance injury payment is 5 years, and the insured can apply again after he recovers or resumes work.
V. can the labor not be absent from work after being approved by the competent health authority as "independent health management, independent epidemic prevention or the object of independent response"?
Workers should pay attention to their own conditions at any time during the above period. In case of physical discomfort such as fever, diarrhea, respiratory tract disease, etc., they should seek medical treatment and rest as soon as possible. During this period, they can take ordinary sick leave, personal leave or special leave. If you have no symptoms and want to recuperate at home by yourself, you can also take special leave or personal leave.
Vi. how to ask for leave if the worker's family members are required by "home quarantine", "home quarantine", "centralized quarantine" or "centralized quarantine", but cannot take care of themselves and need the worker's personal care?
According to the provisions of the special ordinance on the prevention, treatment, relief and revitalization of severe special infectious pneumonia, workers may apply for "Quarantine leave for epidemic prevention", which shall be granted by the employer, and shall not be regarded as absenteeism, or forced workers to take personal leave or other leave, nor shall they be deducted full time bonus, dismissed or other adverse sanctions.
7、 How can a worker's family members ask for leave if they are classified as "independent health management, independent epidemic prevention or self emergency response objects" and need to be taken care of by the worker himself?
Workers can take family care leave, personal leave, or schedule special leave. If they take family care leave, the number of days of leave and personal leave are combined, and there are a total of 7 days in the whole year. Both parents can take leave according to this regulation. In addition, when a worker applies for family care leave, the employer shall not refuse it, and it shall not be regarded as absence from work, which will affect the full-time bonus, performance appraisal, or other adverse sanctions.
8、 If schoolchildren have adverse reactions due to covid-19 vaccination, can parents ask for "epidemic prevention care leave"?
According to the Ministry of education letter, after the vaccination of school children aged 6 to 11, if there are adverse reactions from the same day, they can apply for vaccine leave, which will not be included in the absence record. The principle is three days (including the day of vaccination), and it can be extended if necessary. During the vaccine leave, if parents need to take care of themselves, one of them may apply for epidemic prevention care leave.
9、 Can parents ask for "epidemic prevention care leave" during their children's "three days at home + four days of independent epidemic prevention"?
According to the Ministry of education letter, during the period of "three days at home + four days of independent epidemic prevention", if parents have the need to personally take care of "children under the age of 12 (i.e. under the age of 13)" or "children with physical and mental disability certificates in national middle schools, senior secondary schools, fifth grade one, second and third grades", one of the parents may apply for "epidemic prevention care leave".
10、 Due to the need of epidemic prevention, the childcare center and home-based childcare services are suspended. Can parents ask for epidemic prevention care leave during the period of childcare?
According to the letter of the Ministry of health and welfare, since the nursery and infant center is a highly dense place, and children under the age of 2 have not been vaccinated, the practice of the Ministry of education standardized kindergartens is referred to, that is, if the confirmed case has been sent to the nursery "within 2 days before the diagnosis", the infants and nurseries in their classes will be suspended for 3 days; If the organization has no shift or the shift service mode is not clear, it is regarded as the same shift; In addition, home care services are also handled in a similar way. In addition, parents who need to take care of their children during the suspension of childcare may apply for epidemic prevention care leave. (source: Ministry of labor)
Note: relevant labor rights and interests will be adjusted in a rolling manner according to the epidemic situation. If there is any change, please focus on the latest announcement of Ministry of labor.
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