Transitory Provision Granting Protection to Employees with Vulnerable Medical Condition against Covid-19

Dear Clients and Friends:

ROMERO PINEDA informs you that the Legislative Decree No. 774 “Temporary Provision to Protect Employees with Vulnerable Medical Conditions against Covid-19” enters into force on December 1, 2020, , which reproduces the text of decree No. 724 valid until October 22

The Decree in reference has as its main objective to protect employees with vulnerable medical conditions, during Covid-19 pandemic, thus avoiding their contagion in addition to guaranteeing their job stability and their salary.

Said law will be applicable in benefit of all employees who have vulnerable medical conditions both in the public and private sector within the entire Salvadoran territory.

Article 3 of the Decree establishes that the following will be considered as employees with a vulnerable medical condition:

  • Employees over 60 years old with chronic disease;
  • Women in a high-risk pregnancy;
  • Employees with chronic degenerative diseases.
  • Employees with chronic kidney failure.
  • Transplanted Employees.
  • Employees with complicated pulmonary and systemic arterial hypertension.
  • Employees diagnosed and undergoing treatment for cancer.
  • People with immunosuppressant treatment.
  • Employees with decompensated chronic lung diseases.
  • Employees with morbid obesity.
  • Employees convalescing from COVID-19 in their first month of recovery.

Employees who have any of the conditions mentioned above must have a prescription for medical leave duly authorized by the ISSS (Salvadoran Social Security Institute).

Employees with a vulnerable medical condition may stay at their respective homes in order to avoid contagion. Consequently, they cannot be affected in any way at work if they are authorized not to attend their workplace during the validity of this law.

These employees, depending on the type of their functions, should be assigned activities under the modality of teleworking.

Private sector employees who have disabilities and are authorized not to attend a workplace, will receive the corresponding subsidy from the ISSS corresponding to the disability they present.

In case of non-compliance with the obligations stipulated in this decree, employers will be liable for administrative sanctions in the event they force employees to attend the workplace or do not pay the corresponding salary and other labor benefits in a timely manner.

Finally, this law will enter into force on the day of its publication in the Official Gazette and will cease to be in force 180 calendar days after its publication, that is on May 29, 2021.

For more information and legal assistance on this matter, please do not hesitate to contact Beatriz Merino (Coordinator of the Labor Unit) at (503) 2505-5555 or by email at bmerino@romeropineda.com.

For us it will be a pleasure to assist you.

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