Can employers stop you from travelling? Am I entitled to quarantine leave if a family member travelled abroad? Jacob Borg speaks to representatives of the Malta Employment Lawyers Association. 

Can workers claim quarantine leave for any travel prior to the new rules coming into force?

Since the regulations entered into force on March 13 and mandatory quarantine was legislated upon on March 12, we believe that employers would be justified to take the position that since only mandatory quarantine is now subject to paid special leave, no period of quarantine or absence before March 12 should be paid by the employer by way of special leave.

Obviously, a reasonable approach should be adopted, but we should bear in mind that Prime Minister Robert Abela did say that sacrifices have to be made by all, not just employers.

Moreover, for those who were in mandatory quarantine before March 12, the legal notice will only be applicable to them from that date.  

In addition, for those who can work from home, there is no need for special leave to apply as they can continue to work remotely. 

Are there situations where employers may not pay for special leave?

If the employee has embarked on non-essential travel following the prime minister’s communication that actively discouraged such travel, then we can argue that s/he is not entitled to any special leave in terms of the regulations, because: 

(a) The employee knew beforehand that the state is imposing quarantine on anyone returning from abroad and, consequently, if s/he travels, s/he is abusing by imposing a self-inflicted ‘inability’ to work on the employer; 

Sacrifices  have to be made by all, not just employers

(b) In any case, the prime minister made it clear that all public health directives are stating that non-essential travel should not be embarked upon. Consequently, and given that the regulations were passed against this policy background, it is logical to argue that the legislator did not intend that any non-essential travel be covered by special leave quarantine; 

(c) Therefore, if the employee travelled ‘negligently’, because the travel was non-essential and/or in breach of the employer’s or government policy, it should be s/he who has to carry the burden of such travels and pay for it not the employer. 

 Can my employer stop me from travelling?

Strictly speaking, no, as one’s freedoms cannot be trampled on, but it should be made clear that travel is at the employee’s own risk and that, in certain circumstances, it may even be appropriate to consider disciplinary action for risking the health and safety of fellow workers and possibly the public at large.

 What about employees who were forced to quarantine because family members travelled or display symptoms? 

We don’t think that employees should be made to suffer for the actions of their relatives, so the paid special quarantine leave should apply as per legal notice in this case.

It should be borne in mind, of course, that the situation is very dynamic and that things are changing from day to day.

Also, not every situation is like every other one and, therefore, all of the above should be taken as general guidance, with specific advice being sought in all cases. 

Were you consulted prior to these regulations being enacted?

Unfortunately, no. However, we do understand that these are not ordinary times by any measure.