Court: partner with complaints? Home quarantine and continued payment of wages.
July 7, 2020
If you have health problems, you should stay at home according to the government. You should also do this if someone in your household - such as your partner - has a fever or shortness of breath. The person with complaints must be tested, you may only leave the house if the test is negative or the complaints have disappeared. Some employers withhold salary when an employee is in home quarantine. Whether that is allowed? The court does not think so.
An employee indicated that he was not coming to work because his partner had symptoms of the corona virus, including a fever. With this he followed the RIVM guidelines. He also explicitly stated that he could work from home. His employer responded by withholding two waiting days from his wages, paying 70 percent of his wages for March, but paying 50 percent over April and withholding days of leave over the quarantine period. The employee therefore went to the subdistrict court to claim his back wages.
The judge ruled that the home quarantine is not within the employee's sphere of risk. In other words: the employee cannot do anything about this and is 'just' entitled to wages. In addition, compulsory home quarantine is not the same as illness. The employer may therefore not deduct any waiting days from the salary and must pay the full salary.
What does this mean for you?
Your employer must continue to pay your wages, even if you have not been able to do your work or only partially. This is not necessary if your employer can prove that it is your fault that you were unable to work. Did you consciously run a risk, for example by traveling to a risk area? Then your employer can prove that it is your fault. But this is not the case with a mandatory home quarantine.
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