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December 12, 2022
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What you should do if your boss does not accept your medical leave for COVID-19

What you should do if your boss does not accept your medical leave for COVID-19

Peru faces its fifth wave for . The authorities of the Ministry of Health (Minsa), therefore, inform that people who have tested positive must notify their workplaces that they have been infected, but what happens if the employer does not want to grant medical rest?

Amid the relaxation of restrictions and crowds for Christmas shopping, promotion ceremonies, end-of-year gatherings and other events, infections have increased in the country.

During December 10, 2,462 positive symptomatic cases were registered, out of the 21,400 samples taken. If you have been infected with coronavirus, you must comply with a period of isolation or quarantine of 7 to 10 days. Find out what happens if your company asks you to continue working or does not want to recognize the positive test to give you medical leave.

WHAT HAPPENS IF I HAVE COVID-19 OR I SUSPECT I HAVE CAME IT?

Any person considered as a suspected case or with a positive result for coronavirus must maintain home isolation and medical rest (if applicable) to avoid infecting more people, specifies the .

WHAT SHOULD I PRESENT TO REQUEST MY SICK LEAVE DUE TO COVID-19?

In order for the worker to start isolation, they must notify their employer of their state of health for the corresponding follow-up. The Ministry of Labor and Employment Promotion (MTPE) indicated that molecular and antigenic tests with positive results for COVID-19 have the same validity to request paid medical leave from the employer.

However, when the worker returns to work after the isolation period, he must present a certificate of medical rest, which can be obtained through Line 113, the system a doctor from the public or private system, or the doctor from the company where he works.

Person shows COVID-19 test result (Photol: Pixabay)

WHAT HAPPENS IF MY BOSS DOES NOT AGREE TO GIVE ME SICK LEAVE?

If a company does not accept the antigenic test to give the employee medical rest (whether face-to-face or remote), it will be contravening current regulations and will be affecting the safety, health and social and labor rights of workers.

WHAT DO I DO IF I DO NOT GIVE ME MEDICAL REST AT MY JOB DUE TO COVID-19?

The Ministry of Labor and Employment Promotion (MTPE) indicates that if the employer does not agree to give you medical rest, asks you to continue working, even from home, or does not receive the positive result as proof that you have been infected, you must present a complaint before the National Superintendence of Labor Inspection (Sunafil).

To do this, you must enter the following . You must have on hand the RUC number of the company, the address of the workplace to report, the documents that support your complaint. It is also necessary that you have an email and a personal cell phone number. The complaint is anonymous.

You can also call 390-2780 (ext. 6602) or write to the email .

WHAT ARE THE NEW PERIODS OF MEDICAL REST DUE TO COVID-19?

Find out what these periods are, according to the new provisions of the health authorities:

  • symptomatic patients: they are restricted from moving outside their home or isolation center for 10 days, counted from the date of onset of symptoms.
  • Symptomatic patients with complete vaccine (three doses) and without comorbidity: isolation will be for a period of 7 days.
  • People without symptoms and without risk factors: the isolation will be maintained until 7 days after the date of the test (molecular or antigenic).

What happens to people suspected of contagion?

Any person with a risk factor or without a complete vaccine, who has a relative suspected or confirmed of COVID-19, must comply with a 7-day isolation period, which can be reduced to 5 days if they have a molecular test taken on day 3 or more. after contact. The other types of contact do not require isolation.

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