This document provides guidance on labour laws in Sri Lanka relating to communicable diseases like COVID-19. It addresses issues like sick leave, pay, quarantine, and compensation. For COVID-19, existing sick leave policies would apply and employees can take paid or unpaid leave. If quarantined and unable to work remotely, employees may be paid depending on organizational policies. Contracting COVID-19 at work could potentially result in a compensation claim if negligence can be proven. Employers can require employees take annual leave but cannot make deductions from salary except as authorized by law.

1. COMMUNICABLE DISEASES AND LABOUR LAW FAQ’S.
The coronavirus (or COVID-19) has become a pandamic and spreding with person-to-person
transmission, reported cases have since continued to grow exponentially. As governments and
public health authorities adjust their policies to respond to the challenge, companies need guidance
on how best to address the situation with regards to their employees.
This article is mainly forcuses on comminicable diseases and available practises of labour
regulations of sri lanka. And basic principles and general practises of oganisational requirements
of health and safty regulations.
What happens if someone is affected? No pay or
full pay?
If an employee contracts Coronavirus (now
officially termed COVID-19 by the World Health
Authority), there is no significant amendments to
leave and pay law which is directly related to
COVID-19 but for this can be treated in the same
way as any other sickness absence in terms of
payment. And For completeness, this can be
considered as a communicable diseases.
And organizations may consider to apply the
same provisos based on circulars and other laws.
Which has in practice for communicable diseases.
Tuberculosis & Leprosy.
The recommendations for employees who are
incapacitated are as follows.
An Employee with over a year of service will be
entilted on paid leave for peiod of 90 days of (3
months) of his base salary.
If medical advices shows that cure may be
effceted within a resonable time frame employee
may entitle maximum 18 months as on one month
for every service year with half pay.
These conditions are granted based on the
medical certficated by the authorized leave
recommendations. And with the conditions of
inclusive of the accumulated sick leaves and leave
on current year.
General Circular 1006 / 20.06.79 - General Circular 1086 / 07.05.80 - General
Circular 1481 / 21.10.86. & EFC hand Book.
Facilitated By:
Chandimal Gunasekara
BSc.Mgt (Sp) Usjp: PQHRM, Dip. In Psy: LLB (Final)

2. OTHER DISEASES AND MEDICAL LEAVE:
What are the provisions relating to sick leave under the different labour laws in Sri Lanka?
Sick leave can be availed of in the event a worker cannot present him/herself for work due to ill-health.
There are laws which provide for equitable distribution of leave of absence for employees in different
categories of the labour sectors such as in the private sector [Shop and Offices Employees’ (Regulation of
Employment and Remuneration) Act], public sector (Establishment Code) and in trainees in the private
sector [Employment of Trainees (Private Sector) Act] and .
Under the law a person who has completed a year of continuous service in the public or private sector is
entitled to avail sick leave of not more than seven days with full remuneration.
Similarly a trainee worker in the private sector is entitled to avail sick leave on the grounds of ill-health for a
period not exceeding seven days with full payment of allowances available to him/her.
In all cases sick leave applications must be supported by a medical certificate issued by a registered medical
practitioner.
And in any case medical on other communicable disease E.g.: Chicken Pox, measles, sore-eye employee
may granted sic leaves based on medical report and if it exceeds their personal leave balances , shall be
on no pay.
What happens if self-isolation or Quarantined when someone is not or sick? Full
pay?
The country Labour Law does not specifically address this situation. Any employer's policies and procedures
should be reviewed for any relevant provisions (relating to emergency leave or unpaid leave, for example).
There is no legal obligation to pay an employee for not attending work which is not covered under any
current contractual provision so in that situation, there would be no entitlement to pay unless the contract
provides otherwise.
Isolation for Cholera and can we practice the same …
From a practical perspective, employers will not of course want to risk employees attending the workplace
in circumstances where there is a risk that they have come into contact with someone with the Coronavirus
or visited a high-risk area,
Employers may therefore choose to class the absence as sickness and apply normal sick pay rules and use
the medical certification that have practice the isolations situations like Cholera which is utilized personal
sick leave and No pay .
This being said, we encourage employers to listen to employee's concerns and consider flexible working
arrangements. And agreeing that the employee will take a period of paid annual leave or permitting the
employee to take a period of unpaid leave. The relevant arrangement should be documented in writing and
signed by the employer and the employee.

3. Travel restrictions, which makes
going to the office impossible.
Should be paid?
If an employee in these circumstances can
work remotely then this period would be paid.
And this is beyond the control of the employee
and unless otherwise organization has
provided required transport and travel passes
employee shall be paid and shall not require
to utilize the personal leaves unless the
employee refuses or requested to grant leaves
which is under the discretion of the
management or can be considered as No pay.
This is based on same concept that certain
authorities have granted legal rights to
imposed curfew as well as can order
originations to grant employees to attend to
courts or elections with full pay. Obeying to a
general law shall not be a reason to any losses
from an employee.
IF contracted the coronavirus while
at work. Will this result in a
compensable compensation claim?
The Sri Lankan Labour Law sets out a list of
occupational injuries and diseases which
attract compensation if contracted at work,
Labour Law. Covid-19 is of course not listed.
Whether or not an employee could claim
compensation for contracting Covid-19 at
work will depend on the circumstances and
whether the employee can conclusively
establish the link between work and contacting
the virus as negligence of health and safety
requirements.
Refer: Workmen's Compensation Ordinance, 1934
Note: - Purpose of this article is to understand the certain areas
that need attention. For further legal assistance please contact
your industrial advisor.
C
Can employers require that
employees take their annual
leave? Can Cut-off Salary?
Employees could be required to take paid
annual leave out of provided, and 7 days could
be consecutive with pay and balance Annual
leaves can be utilized with the agreement of
both parties.
It could also be agreed with the employee that
the employee can work from home or take a
period of unpaid leave during this period. Such
an arrangement should be documented in
writing and signed by the employer and the
employee.
Shop and office act provided law requirement
related to pay cuts from basic salary. And
accordingly it is prohibited to deduct any
amount unless the authorized by the act or
other law govern by authorized legal entity or
by labour commissioner himself.
Recovery of remuneration due to employees under
this Act. [§15, 60 of 1957]
Deductions from the remuneration of an employee
may be made by the employer in accordance with
section 19(1)(a)(iii) of the Act in respect of –
“No deduction from the remuneration of an
employee shall be made by the employer in
respect of any payment made by the employer
at the instance of the employee to any other
person in order to discharge any obligation of
the employee or for any other purposes,
unless the employee shall have made a
written request in that behalf.”
However this clause is not applicable for
Allowances on employment requirements.
(Certain allowance are fixed and based on
positions have challenged and have accepted by
courts as part of base pay)
Published By: A.Gihan ® spc.gunasekara@gmail.com 2020/5/5
https://www.facebook.com/SLHFOC/ -