Employees On Accidental & Sick Leaves - CiteHR
Industrial Relations And Labour Laws
General Manager-hr
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Assistant Human Resource Manager
+1 Other

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Dear All,
I have come across a situation where i want to take advice from my seniors.
Please suggest nme in these 2 cases:-
An employee A was injured on duty and have side hairline fracture. We had given him the Accident on Duty leaves.
Now after almost over 3 months but the treatment is still going on.
For how much period we can sanction these leaves keeping in mind of all legal & Statuatory things.
The guy is a relative of union member.
Second, An employee is not well and not reporting on duty for almost 3 months. No body is ware of the fact. We have issued to memos for the same and suddenly he had faxed his medical summary to us.
Now still he is not reporting for duties but we know that he is not well.
What are the sreps that we can take such employee. I have read somewhere that in case if an employee is not well and not reporting for duties for 6 months, we can retrench him.
Please suggest the course of action.
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Dear Ranjeet ji,
First one :
You have not clear, weather your employee is covered under ESIC ? If not your industry or Establishment is engaged and Registered Medical Practishner ? If such case you please approach the concern Doctor and take the advises.
Second one :
For this also the same of the One. Ask hime to submit the medical details and forward to your concern doctor engaged by your company and get the report from him, If not report your employee to your company doctor for medical check up.
I endorse pbskumar's opinion.
Send the medical reports to the company's doctor for his opinion; or you can ask the employees to present themselves for medical examination at the doctor/hospital of your choice.
Hope this helps.
Dear Mr.Pbs & Mr.RAj,
The first employee is not covered under ESIC but the second one is covered in it.
The second employee who was working as a trainee comes under ESIC but he had not consulted in the esic dispensary.
He had sent some Medical document from the governement hospital of jammu but still not reported for duties.
Your views on it.
Accident while on duty should not be taken as an opportunity to avail leaves to his convenience and knowingly many employees take it as granted. It is always better if your standing orders is amended by making it mandatory for all employees who fall sick or meet with accidents to go through medical examination by a panel of Doctors appointed by the company. If so, you can have a check to this unfair practice of workmen.
In the second case, since the employee is a member of ESI, you are not bothered about his pay and allowances. Let him take reimbursement from ESIC. But you should not have permitted him to take such a long leave without genuine reasons. Send him a letter calling on him to show cause why he should not be terminated from service.
One of my peers had an accident on duty, she got medical leaves for a month, however still she has ligment tear and faces difficulty in walking. We all are covered under medical insurance and initial medical expences where paid for her. her recent bills have not been paid. The company got their doctor to run tests on her and he confirmed her injury.
She needs further medical tests done and medicines. More over the doctor has asked her to rest for 1 more month.
Since it was accident on duty is company liable to pay for her medical expenses?
Is there a law that can force the company to allow her to get more leaves? Please give the section number?
Dear Madhu Sir,
I have issued 2 waring letter for the explanation but he had never responded. He is a relative of one of the union member. When i contacted the union memeber, the victim had sent his medical document which shows that he was suffering from some disease.
Please suggest me what is the next step that we can take against him n this situation.
Get medical opinion from company sponsored doctor, whether the 'disease' is related to the work injury.
Most likely, it is not; therefore you can proceed with the procedures for absenteeism.
If as per medical opinion of the doctors, further complications are solely due to the work-injury; she is entitled to the benefits.
The company can pay the expenses and get it reimbursed from the Insurer - depending on the terms & conditions of insurance policy.
Thanks for the answer Raj Sir. My company is reluctant to give my peer any more paid leaves without deducting from her leave balance. In this case should the company be giving her paid leaves without any deductions?
Dear Ranjeet,

The employee may try to extend leave by producing medical documents. There are two ways to deal with it. First to accept it blindly and sanction leave. But when you do so, it is just being dishonest towards the employer. The second thing is to refuse further leave and ask him to report to duty and appear before a medical officer appointed by the company. This move will be objected by the Trade Union. But if you are able to convince the Union (not the member who is the relative of the employee) you can do so. In any Union I feel that there will be two opinions and if you could take at least a few of the members to your side by highlighting what has been done by the employee and what will the other employees follow if you permit one employee to take it as granted, I am sure that the Union will drop the case from their hands. If you could get any proof to show that the employee is fit to resume work but is misusing the accident leave, then it is an added advantage.

Proceed like this.

All the best.

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