Madhu.T.K
Industrial Relations And Labour Laws
+1 Other

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Dear Senior,
My query is that when an employee is under ESIC leave,
a) can he claim his partial wage from the organisation.
b) Will the ESIC leave be considered while calculating the Earned Leave accumulation. e.g. if a workmen is on sick leave for 60 days, will this 60 days be considered while calculating the Earned Leave.
Thanks & Regards
Jitendra

If an employee is on ESI leave, no salary will be paid to him by the organisation.
The ESI leave days will be taken into consideration for deciding the eligibility of the employee for earned leave but he will not EARN leave for the days he remained on ESI leave. That is, inorder to count the number of days to decide whether he has worked for 240 days in the preceding year, his 60 days (as in your case) will be counted and as such if he had worked for 180 days also he will be eligible to get earned leave but for the calculation of leave for the year that 60 days will not be taken and he will earn leave only for 180 days, that is 9 days of earned leave at the rate of one day for every 20 days worked.
Regards,
Madhu.T.K

Dear Sir, Do I have to file monthly contribution for the employee in esic and pf if he is on esic leave for 1 month.
You have to file return with no salary and no contribution.
Sumith you have asked the same question under separate thread and I have given my answer with a logical reasoning. Now I would also say that just apply your mind and then think of posting the same question in other threads also. I have already said that when contribution is payable on salary paid or payable, how can you pay contribution when there is zero amount as salary?

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