Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Kumaran Praveen
Rajesh Kumar Dubey
Manager - Hr
+2 Others

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Hi Friends,
Good Day.
Assume that an employee falls sick and absent for thirty days. He approaches ESI for treatment and benefits. He declares that he did not attend duty. ESI gets our confirmation and sanctions some payment as per the rules. If the employee has sufficient leaves to his credit, can we treat these 30 days as leave with pay so that the employee can receive his salary? Or, should we treat them as leaves on loss of pay?
Thanks and Regards.
KVK Raman.
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In case of Absence , ESI Officials will not only compensate medical aid & expenses but loss of pay also for particular days. Whether you wants to give some thing more ?
Hi Buddy,
If an employee is under ESI leave due to sickness than ESIC will pay the sickness benefit to the concerned employee after confirming with the employer through form-28. In this case employer should not pay for the ESI leave therefore either employer show it as LOP or ESI leave.
With Regards
Mr.Thumbs Up
Sir, please see section 63 of ESI Act, 1948 the contents of which are self-explanatory.
Hi Ramanji,
If the employee has accumulated lot of PL/EL and needs money for urgent necessity & Co. wants to help employees in such situation, Co. can frame & permit PL Encashment during such time.
The company can permit the person to take PL and take salary from the company. But the ESIC will not pay any sickness benefit. The what is the benefit of company paying 4.75% as contribution? You will permit one employee as a special case but when another employee comes and asks for a similar treatment, will you allow? Therefore, you should not deviate from the general policies and understand that privileges given will become rights later on. If it is ESI leave mark it as ESI leaves which are UNPAID only. Otherwise you will have to pay salary, deduct PF and ESI and consider the leave of absence as days worked for deciding the eligibility of annual leave with wages (PL) in the next year and gratuity payable at the time of discharge.
Hi my dear HR Fnds,
What are the documents need to submit for leave with wages.
In our company one person face to accident he was take 15days leaves(LOP) and also he takes esi treatment, so what are the documents need to submit his wages. please mail otherwise ping me private.

Sir, why employer should pay leave with wages if the employee who met with an accident is covered under ESI Act, 1948 ? If the said employee avails medical benefit (treatment) from ESIS, what prevents him/her to claim sickness or disablement benefit from ESIC ?
Dear Frnds,
Do I have to file monthly contribution for the employee in esic and pf if he is on esic leave for 1 month.
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