It’s official — Last March 27, the Government has announced via IATF Resolution No. 106-A, Series of 2021 that the following cities in NCR will be placed under Enhanced Community Quarantine (ECQ) from March 29 (Monday) up until April 4, 2021 (Sunday).

Before anybody panics, please remember that this is NOT our first ECQ rodeo. We have gone through a similar lockdown last year, so very little has changed on how companies should deal with the ECQ Version 2. Specifically, here are the conditions for ECQ Version 2:

Transportation guidelines tomorrow during the ECQ from the @DOTrPH

But since everyone seems to be in a panic, I have collated Top 10 Questions Answered Re: ECQ Version 2 for everyone’s benefit as follows:

1. Given the ECQ, what is the payment treatment for staff during this version of ECQ?

2. How do we treat the payment of Easter Holidays on April 1 and 2 considering that the city is in ECQ from March 29, 2021? 

3. I tested positive of COVID-19 and quite possibly got infected at work. What is my employer’s obligation to my diagnosis and recovery? 

4. I am undergoing home quarantine as I have either tested positive of COVID-19, or is a close contact of a colleague who is a suspected COVID-19 patient. Is my 14-day quarantine period paid for by the company?

5. Can Companies Require Employees to Pay for Rapid/Antigen/RT-PCR Swab Tests?

6. What If One of Our Staff Tested Positive for COVID-19?

7. I got tested positive for COVID-19. Can I claim for SSS Sickness Benefit?

8. How do I Claim PhilHealth Benefit if I Tested Positive for COVID-19?

9. I am asked to work during the ECQ. Is the company obliged to pay for my hazard pay?

10. Is my employer obliged to arrange for shuttle services for me to get to/fro work considering limitations in public transport?

Let’s start answering them one by one.

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1. Given the ECQ, what is the payment treatment for staff during this version of ECQ?

Same as last year, we follow the No-Work-No-Pay, If-You-Work-You-Get-Paid rule.

The principle of no work no pay is the basic premise in determining employee wages. This is based on the premise that a person should be paid for a fair’s day’s wages for a fair’s days work.

This is supported by DOLE Labor Advisory No. 1, Series of 2020 which indicate that employers in the private sector shall, in the exercise of management prerogative may suspend work to ensure the safety and health of their employees during natural or man-made calamity:

• lf unworked – No pay.[5] When the employee has accrued leave credits, he/she may be allowed to utilize such leave so that he/she will have compensation on said days.
• lf worked – No additional pay shall be given to the employees, only their salary on said day.

Legal Source: DOLE Labor Advisory No. 1, Series of 2020 and DOLE Labor Advisory No. 4, Series of 2020 – Guidelines on 2019 Coronavirus 2019 NCOV Prevention and Control at the Workplace

2. How do we treat the payment of Easter Holidays on April 1 and 2 considering that the city is in ECQ from March 29, 2021? 

While we are to wait for the official DOLE Labor Advisory on the treatment of Easter holiday that would be released in a few days, I am expecting that the same holiday pay mechanism will be followed:

• For monthly paid employees, the holiday pay is already incorporated to your pay. No additional pay UNLESS you worked on April 1 and 2.
• For daily paid employees, April 1 and 2 (Thursday and Friday) are RED Holidays. This means that if you are work on these two days, you will be paid 200% of your daily wage. If you do not work on these two days, but was present the day before the lockdown was announced (or on official leave the day before the holiday), you will be paid 100% of daily wage.
• IMPORTANT CONDITION TO EARN HOLIDAY PAY: He/She should be present on the workday immediately preceding the regular holiday; or He/She should be on leave of absence with pay on the day immediately preceding the regular holiday.
  
  
• March 31, and April 4 are NOT holidays. So no work no pay.
• For April 3 Saturday, we have to wait for DOLE to formally indicate if it’s a Special Non Working Holiday or not. Last year kasi, it’s a black holiday so additional 30% if worked. However, wala pang balita now if the holiday treatment is the same. Here is DOLE Labor Advisory No. 13, Series of 2020 for reference on salary treatment for the same period last year:

Source: DOLE, Bureau of Working Conditions – FAQ on Wage and Wage Related Benefits

UPDATE: As mentioned:

IMPORTANT TO REMEMBER: Establishment na Totally Closed or Ceased Operations during the Community Quarantine Period are EXEMPTED from the Payment of the Holiday on the said days.

Source: Labor Advisory No. 04-21 Payment of Wages for the Regular Holidays on April 01, 02, and 09, 2021 and Special (Non-Working) Day on April 03, 2021

3. I tested positive of COVID-19 and quite possibly got infected at work. What is my employer’s obligation to my diagnosis and recovery? 

Your employer’s obligation depends on one crucial information — Do you have SSS and Philhealth coverage?

Simple lang yan — if your employer has paid for your SSS and Philhealth coverage, your employer is NOT liable in paying for any of your COVID-19 related bills.

If your employer has NOT paid for your SSS and Philhealth Coverage, then the company is now liable for all your COVID-19 bills from the time you get diagnosed of COVID-19 up until your recovery.

So ang tanong, may SSS and Philhealth ka ba? Your answer will determine if your company is liable for your COVID-19 related expenses or not.

Legal Source: DOLE Labor Advisory No. 4, Series of 2020 – Guidelines on 2019 Coronavirus 2019 NCOV Prevention and Control at the Workplace

4. I am undergoing home quarantine as I have either tested positive of COVID-19, or is a close contact of a colleague who is a suspected COVID-19 patient. Is my 14-day quarantine period paid for by the company?

Nope, the 10- or 14-day quarantine period is NOT mandated to be paid.

If you have leaves left in the company, you may use those leaves para your days under quarantine is paid. But if you do not have any leaves left, then those days under quarantine are UNPAID.

Legal Source: DOLE Labor Advisory No. 4, Series of 2020 – Guidelines on 2019 Coronavirus 2019 NCOV Prevention and Control at the Workplace

5. Can Companies Require Employees to Pay for Rapid/Antigen/RT-PCR Swab Tests?

The DOLE Labor Advisory No. 18, Series of 2020 – Guidelines on the Cost of COVID-19 Prevention and Control Measures is clear — Companies CANNOT charge the cost of any sort of COVID-19 tests to its employees.

So here’s the basic rule of thumb: If you suspect your staff is COVID-19, you may require him/her to get COVID-19 tested. If you require your staff to get tested, the EMPLOYER (and in the case of manpower agencies, the Principal) must pay for the COVID-19 test.

If the employer do not want to pay the price, they can opt not to have the staff tested, and have the staff undergo 14-day quarantine at no work no pay.

But again, employers cannot charge COVID-19 testing to staff. If they did, employees can complain to DOLE and get those COVID-19 charges reimbursed.  Mapapahiya lang ang employer for charging what should not be charged.

6. What If One of Our Staff Tested Positive for COVID-19?

7. I got tested positive for COVID-19. Can I claim for SSS Sickness Benefit?

Yes you may claim for SSS Sickness Benefit, so long as a) You are qualified for SSS Sickness Benefit and b) If the doctor confirms you as sick by signing in your SSS Sickness Notification Form (See Part II-A). Without a doctor certifying, there is no guarantee you will be granted your SSS Sickness Benefit.

What are the Qualifications of the SSS Sickness Benefit?

a. You need to be out sick for FOUR (4) OR MORE days. It may be sick at home or in the hospital, but doctor has to verify you are sick.
b. There’s no more sick leaves left in the present year.
c. You have promptly informed the company if you’re employed. If you’re a voluntary member, inform SSS.
d. You had paid at least THREE (3) SSS contributions in the first 12 months before the semester of contingency.

IMPORTANT: You must be sick to avail of the SSS Sickness Benefit. A doctor must certify you are sick. If you are merely in home quarantine and not COVID-19 positive, do not lie on your medical certificate to claim SSS Sickness Benefit.  

To estimate the SSS Sickness Benefit computation, read more here: HR Talk: Top 10 Questions Re: SSS Sickness Benefit Answered.

8. How do I Claim PhilHealth Benefit if I Tested Positive for COVID-19?

For Philhealth, just testing positive is not enough. You need to be hospitalized and be diagnosed with at least Mild Pneumonia to avail of their minimum Php 43,997 COVID-19 Package. 

For more details, you can check out Philhealth Circular No. 2020-009 – Benefit Packages for Inpatient Care of Probable and Confirmed COVID-19 Developing Severe Illness/Outcomes.

9. I am asked to work during the ECQ. Is the company obliged to pay for my hazard pay?

Companies are NOT mandated to pay for hazard pay if the employees work during ECQ. Kung mayroon, good. Kung wala, that’s legit and valid as well. The government does NOT mandate private companies to pay hazard pay to employees who work during ECQ.

So huwag sumimangot if walang dagdag bayad if you report to work during ECQ.

10. Is my employer obliged to arrange for shuttle services for me to get to/fro work considering limitations in public transport?

The only employers who are required by the government to provide for shuttle services are companies who have assets under management worth Php 100 million and above.

The IATF guideline states that “large-sized private establishments with total assets above Php100,000,000.00 located inside special economic zones and other areas under the jurisdiction of Investment Promotion Agencies are required to provide shuttle services for their employees.”

“Assets shall refer to total assets, inclusive of those arising from loans but exclusive of the land on which the particular business entity’s office, plant, and equipment are situated. (Section 3, Republic Act 9501 or the Magna Carta for MSMEs),” the advisory said.

“In case the private establishments are unable to financially sustain the provision of shuttle services, they may adopt alternative arrangements, such as cost-sharing, partial vouchers for use of Transport Network Vehicle Services, and other alternative arrangements to facilitate the transportation needs of their employees,” Secretary Bello said.

Sa simpleng salita, unless the company has an AUM of Php 100 million, the company is not obliged to provide for shuttle buses. What’s more, if the company offers shuttle, DTI says that the shuttle may be offered for a fee or for a reasonable fare if not similar to LTFRB-approved public transport fare after proper consultation with the employees.

FINAL WORDS

As I’ve mentioned earlier, this is not our first ECQ rodeo. As HR practitioners, we should already know what to do and how to handle both management and staff on this second version of ECQ.

My only advice is this —- ECQ is here for a reason. As of March 27, the Philippines has reported 712,442 positive cases of COVID-19 with 9595 new cases reported on a single day of March 27. 

COVID-19 is NO JOKE. People are dying. Hospitals are full, COVID-19 medicines are low, and our healthcare system is at its brim. The ECQ Version 2 is here for good reason  —- to allow our healthcare system the space and time to breathe to ensure that people get the proper healthcare they need so they won’t die.

So please, let us cooperate and ensure that we take advantage of ECQ Version 2 by staying at home during the lockdown, always wear face mask and face shield when you’re out, and staying vigilant against COVID-19. Have a great Sunday ahead!

Click to access 20210327-IATF-106-A-RRD.pdf