Justified absence from work when taking a coronary test. What is the exact situation?
Since Nov. 3, 2021, anyone who has suspected symptoms of COVID-19 can visit the website www.mijngezondheid.be complete a "Self Assessment Testing Tool" (SAT-Tool). By completing this questionnaire, citizens can assess whether having a coronary test taken is appropriate.
The Self Assessment Testing Tool is designed primarily to reduce the burden on family physicians. Persons with mild symptoms can complete the questionnaire and, if necessary, are given a code to have a coronary test taken.
Once the person, suspecting corona, has received a code and made an appointment at a testing center, he must be in quarantine go pending the results of the PCR test. Previously, to be lawfully absent from work, an employee had to possess a sick bill. Consequently, the family doctor had to be consulted anyway, which defeated the purpose of the Self Assessment Testing Tool. This has changed with the CLA No. 160 concluded at the National Labor Council on Nov. 19, 2021.
From Nov. 19, 2021, through Feb. 28, 2022, employees who use the SAT Tool to complete the advice get to get tested on coronavirus, lawfully absent are from work while retaining their wages at the employer's expense.
When an employee is advised through the tool to get tested, he also receives a absence certificate which he can present to his employer. Thus, the employee no longer needs to consult a general practitioner and the pressure on general practitioners is significantly reduced.
The duration of justified absence depends on whether or not the employee can telecommute. When an employee cannot telecommute he may be absent from work for the time necessary to have the test taken and obtain the result. Here, there is a maximum duration of 36 hours, starting from the creation of the absence certificate through the tool.
When the employee can telecommute he may be absent from work for the time necessary to have the test taken and obtain the result. Again, there is a maximum duration of 36 hours, starting from the creation of the absence certificate via the tool. However, there is an obligation here -while awaiting the result- to continue exercising the employment contract through telework.
An employee can make use of the measure only three times and only when he shows mild symptoms. If the employee shows severe symptoms, belongs to a high-risk group or if the health condition deteriorates rapidly, this CLA no. 160 does not apply and he should contact a doctor.
Would you like more information about this or to be assisted by a specialized lawyer? Please feel free to contact us at info@bannister.be or at 03.369.28.00.
