ESCI Leave - on an ESIC leave for the past 2 years. Do I have to compulsorily have him on my rolls? - CiteHR
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Apex Management
Labour Laws Consultants
Musa786
Asst Hr
Srinath Sai Ram
Hr Manager
NK SUNDARAM
Soft Skill Trainer / Hr Consultant - India
+5 Others

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Dear Seniors, I have an employee who is sick with some serious problem. He is on an ESIC leave for the past 2 years. Do I have to compulsorily have him on my rolls. I don't mind his getting the ESIC facilities but the problem is he is a countable person for all calculations. What are my right in this regard?
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Sir,
1. Please refer to Sections 72 & 73 of the Employees' State Insurance Act, 1948.
2. Please also refer to Regulation 98 of ESI (General) Regulations, 1952.
I hope in the circumstances as mentioned by you above provisions of the Act/Regulations will be helpful to you to take appropriate decision in the matter.
Mr. Harsha, I hope you can explain about the mentioned clauses please.
Dear Shyam You reffer to ESB ESIC Extended Sickness benifitt & go ahead Regards Basavaraj Excutive HR
instead of referring or quoting the section why do no to you people explain answer for that question..
ESIC Act says
73. Employer not to dismiss or punish employee during period of sickness, etc. — (1)
No employer shall dismiss, discharge, or reduce or otherwise punish an employee during the
period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as
provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee
during the period he is in receipt of disablement benefit for temporary disablement or is under
medical treatment for sickness or is absent from work as a result of illness duly certified in
accordance with the regulations to arise out of the pregnancy or confinement rendering the
employee unfit for work
As per this I think you cannot dismiss him from duties while he is on ESIC sickness leave.
Are you sure, the employee is really sick ? Did anybody from Management visit the employee...as a matter of courtesy as well as to check on the fact ?
If you have manpower problem, hire a person of equal calibre on temporary basis.. Also, ask the employee, who is ill, whether he would like to continue..
Dear Shyam,
You can't terminate or Remove his name from your Company Muster Roll. when he is under medical leave from ESIC. Before going to remove his name from Muster Roll, please thorough Below Sections of ESIC ACT 1948.
Section 72
Section 72 of the Act, places a bar upon the powers of an employer with regard to reduction of wages of an employee for reasons of his liability to pay contribution.
Section 73
Under Section 73, an employer cannot dismiss or punish an employee during the period of his certified sickness etc. Contravention of these provisions attracts penalties provided under Section 85 of the Act.
Regards
Musa S
Dear all,
In case a person is availing benefit on sickness grounds, no action for termination or his abandonment can be initiated.
However, if the employee concerned seems to be availing sick leaves on factitious or manipulated grounds / manners, such case can be referred for examination from the Insurance referee of ESIC by mailing your such complaint to the RO concerned.
P K Sharma
Hello Shyam,
There is no limit to avail the ESIC leaves, for verification purpose you can follow below guidelines.
* ESIC will issue unfit certificate.they are issuing maximum for one week
* No needs to pay salary make, LOP for concern leave period (Including sundays and holidays).
* ESIC will pay the salary as per ESIC rules.
* at the time of joining ask for fitness certificate.
* If you have any doubt with the fitness certificate issued by ESIC, Employer can contact ESIC commissioner of region and complain for re verification.
* Employee or his relative has to submit unfit certificate to company every week.
Thanking you,
Regards,
Ashish

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