Vaithi2005
Executive-hr
Anuj Trivedi
Labour Law Consultant
Hrshah
Pf Esi Consultant
Vivekapj
Service
Girijakabi
Service

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Hi Friends,
I am working as HR- Execuitve. One outsource employee, who is working in my organization, met with an accident, and he is taking treatment from a private hospital, Though He comes under ESI. Since that date he is on leave.
So in this case i just want to know that ---
1. can we process his salary as he is on leave for more than a month ?
2. can he claim the whole expense of his treatment from ESI.
He is visiting ESI hospital, regularly.
waiting for some good help from all of you -------
Regards,
Vivek.
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Hi Dear No you cannot process his salary based on the mentioned ground and you cannot reimburse the bill as he is not taking treatment from ESI
Hi,
For taking treatment ESI, first they have to go to ESI-Dispensary allotted to him and taking reference from the concerned doctor to ESI Hospital or ESI Authorised Hospital. then only they will get the benefit from ESI.
Thanks,
vaitheeswaran s
Hello Vivek,

As you told us that he is outsourced employee, then salary processing is responsibility of outsourced agency.



For taking the benefits provided by ESIC first we have to intimate the ESI Dispensary alloted to that particular employee along with Accident Form (if accident was happened during and in course of employment) . Medical Officer of ESI Dispensary can refer the employee for Hospitalisation to ESI Hospital or any local Government Hospital. For Leave of 3 or more days ESIC issues illeness certificate to Employee. It is duty of employee to get it submited it to his Employer as soon as possible.

During the period of Medical Leave through ESIC, benifits including salary/wage as per standard benifit rates under Rule 54 of ESI (Central) Rules,1950 shall be provided by the ESIC.

In your case if employee is covered under ESI Act and he is regulary visiting the ESI Hospital then you can instruct you out sourcing agency to take Medical Certificate from him. In case the employee gives Medical Certificate from Registered Practitioner then outsourcing agency can process his salary by deducting his Medical or Earned Leave.

If empoyee takes medical certificate from ESI advising him rest/Leave then you need not process his Salary. He will get all benefits from ESIC including his medical bills.

Regards,

Anuj
Hi Vivek,
As the I.P. who met with an injury is from outside agency in that case how u will prepare his salary? Outsourcing agency will have to take care of it.
As he is taking medical treatment from ESI Hospital, the out sourcing agency will not prepare his salary. If they prepare or paid salary to that person he will not get any cash benefite from ESI Branch office, for the period he has received pay from his company.
So far reimbursement is concern, he is availing medical treatment from ESI only which does not charge from him,only he will get cash benefite from ESI Branch office.( for the days he was absent from duty)
regrds,
H.R.Shah
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