Madhu.T.K
Industrial Relations And Labour Laws
Tsivasankaran
Consultant
Mantu71
Service
TMS
Hr Head
+3 Others

Hican anybody tell me suppose a employee mets an acident in the course of his employment and accrdingly he is absenting from duty for ten days.After that he join duty.So my question is during the period of absentwhether he is eligible to get full pay or half pay or it will ajust any special leave.Kindly advise
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If the accident took place during the course of his employment, then the employer is liable to pay full wages till he resumes duty. In such case the leave is called accident leave. No need to avail SL or any other leave.
This is as per any law ? Can members quote the legal requirements as given above ? I have a feeling that this could be a legacy from many companies... Regards
If the employee is covered under the ESI, then the leave shall be without pay and the ESI will compensate the loss of pay. If he is an uncovered employee by reason of getting salary of more than Rs 10000, then it becomes the responsibility of the employer to allow him leave with pay. In case of workers working in the factories and those specified in the Schedule II of the Workmen's Compensation Act, the employer is bound to pay compensation for temporary disability ( which has lasted for more than three days). For others there is no specific provision in labour laws which makes the employer liable to do something. Therefore, in such situations, the understanding between the employer and the employee shall be looked into. It is often found that in such occasions, the employer will take care of employee according to the personal relationship which exits between them. The gravity of accident and the situation which led to such accident also play a lead role in this regard.

Regards,

Madhu.T.K
If ccovered under ESI, the employee will get the benefits from ESI Corporation.
If not covered under ESI, he would get benefits as prescribed under workmen's Compensation Act.
Generally all emploiymnmts are covered under this.
Siva
Dear All,
Once more can anyone quote the legal requirements on "accident leave" if any ?
All the above processes mentioned are individual companies' policies but is there anything at all in Acts / Rules which demands paid holidays ?
Regards
Sathish
anybody tell me suppose a employee mets an acident in the course of his employment and accrdingly he is absenting from duty for ten days.After that he join duty.So my question is during the period of absentwhether he is eligible to get full pay or half pay or it will ajust any special leave.Kindly advise
ramesh
EC Act is applicable to employees in schedule ¡¡ of the Act and who are not covered under ESI,ie with salary above Rs21000/pm in implemented area.For those in areas not covered by ESI the salary is immaterial if he is an `employee'.
There is no law for payment of full salary.EC Act mandate reimbursement of expenses for treatment also.
Varghese Mathew
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