Labour Law & Hr Consultant
Partner - Risk Management
Adoni Suguresh
Sr.executive (per & Adm)
Hr Manager
Manager - Hr Excellence
Manager - Hr
+3 Others

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I am having a following query.
In this case, one of our employee met with an accident while he was on duty.He was on leave for 15 days due to hospitalization. The company has paid his all medical bills.
Now, my query is, how to calculate his present working days at the time of calculating salary.Actually the employee is requesting for full salary at the same time our director is saying that we can not give him full salary since he was on leave and that he is still on probation we cant give him leave benefits.
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Here my advise is to let him enjoy all the leaves which have been accumulated on the pro rata basis. And how ever the treatment and medical expenses have been reimbursed, so you can convince the employee to avail the which he has in his leave balance.
If that particular employee eligible for ESI benefit, let him apply for ESI leave for the medication period, in case oh he was treated by ESI doctor/hospital.
Probation period has nothing to do with accident benefit .If he was under ESI he can get treatment and disablement benefit from ESIC.Other wise if he is an 'employee' under EC Act he is eligible for reimbursement of medical expense and 25% salary for 15 days.

Dear Friend,

Irrespective of whether the employee comes under ESIC or not, the employee if coming to duty meets with an accident, then the employee has to be treated and the expenses need to borne by the Company.

In your case, your organization can be flexible in terms of providing leaves to that injured employee.

According to me, what you can suggest to your management, that you can allocate him leaves in advance for 20 days with full salary and deduct these 20 days of leave in next year when he will be allocated new leave balance. In January 2015, when the said employee will be given leaves based on the number of days he has worked in previous year which we can assume as 30 leaves, so the leaves credited to him will 10 days (minus 20 days which was allocated to him in 2014 as advanced leave).

With this flexible policy, the relation between the employee and the employer will be harmonious and understandable thereby indirectly making the employee work for more years and increase his commitment and loyalty towards the organization.
I endorse the view expressed by Mr.Chaturvedi.
You can consider of giving advance leave to cover his leave of absence from duty and leave advanced could be
offset next year. Please inform this to the employee.
In our company, I have implemented this (even for personal reasons - like attending marriage at out of station)
to our employees, who do not have their leaves carried forward.
In the above cited situation, the case is very genuine and the employee concerned was hospitalised,
due to accident met by him while on duty.
R K Nair
When a employee whether probationer or confirmed met with an accident he is liable to enjoy all the benefits may be under Workmen Compensation Act, 1923 or ESI or any other laws. The injured person should be granted the Accident Leave till he reports for duty . Accident leave if exceeds more than three days he shall be paid with fifteen days of salary as a compensation till he resume the work. Besides, this he is also to be reimbursed all his medical bills, hospitalizations medicines etc If any loss or permanent disablement of any part of body he should be paid Compensation as stipulated in the Act Such incidents should be brought to the notice of the authorities in writing.
No deviation in the probationer or confirmed. Accident is occurred and the employer should pay.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels)Rtd
Labour Laws Consultant
What if any employee meets with an accident off the duty (on holiday) and not a beneficiary of ESI. He even does not have any mediclaim policy (neither of company or personal) and no leave balance.
If the employee is absenting for temporary partial disablement he will get 25% wages for the first half month on the 16th day and another 25% of monthly wages for the next half month .Thus if he is absent for 30 days he will get 50% of his monthly salary.
Dear friends,

The central issue here is whether the affected employee, being a probationer, could be sanctioned leave for the period of confinement due to the accident and paid leave salary.From the details given in the descriptive part of the question, it is clear that the mishap was an employment- accident and because of which only the management had borne the entire expenses of the treatment.It is also not in dispute that the absence of entire 15 days was the actual period of hospitalisation for treating the injuries sustained in the employment- accident.So let's forget about the applicability of either the ESI Act or the E.C Act to the establishment or the individual as the case may be as the issue is not at all connected with the compensation payable for the injuries sustained in the accident.When it is an admitted fact that the absence from work was due to hospitalisation for the treatment of the injuries due to the employment-accident, it is my considered opinion out of pure common sense that the absence should be treated as duty and he should be paid wages.
Dear sir,
I agree that common sense and human decency demands tht the employee be given full paid leave where he has been involved in an accident during the course if his employment.
However, the law actually requires the employer to pay only 50% wages during such a case. The law may be bad in this case, but till it is changed, the employer is legally bound only to pay that. I too hope he will give full salary and not consider this a s leave, but he is not required by law to do that.

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