Saswatabanerjee
Partner - Risk Management
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Mahr
Head - Human Resources
Apex Management
Labour Laws Consultants

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employee request for leave and it was denied, he produce ESI medical certificate and went on leave, but he attend marriage any action can be initiate
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What does your company policy state? Also why do you want to insist a strict action, as he went on leave, in-spite of the denial by the manager?
Producing false medical certificates for taking leave would be a misconduct under the standing orders. Please check the previous posts on the subject of disciplinary action on the forum and you will get the procedure required
1.Sir, how will you prove that a particular medical certificate issued by an Insurance Medical Officer of ESI dispensary is false ? If the worker/insured person is entitled for medical leave under ESI Act, 1948 and rules/regulations framed thereunder and the authorised ESI Dispensary/Hospital has issued a valid certificate, no action, in my opinion can be taken against such insured person.

2. The best course, in my opinion, will be to inform the said ESI dispensary in writing that the said employee is habitual (if the said worker is actually habitual) in obtaining the ESI medical certification at the cost of work etc. and in future ESI medical certificate may be issued with care/strictly as and when genuinely required. ESIC Branch Manager can also be informed on the same lines.

3. To take any action against the insured person who is on authorised ESI medical leave is an offence punishable under section 85(d) read with section 73 of said Act. Neither any policy of the company nor standing orders of any kind are relevant if the certification of the ESI dispensary/hospital is genuine and proper.
Dear all,
If a medical certificate is issued by a competent authority, It is next to possible to prove that the insured has obtained it on false grounds. However, if a certificate seems to be obtained on false grounds, complaint can be lodged with the State Medical Commissioner who can investigate into it but you cannot take disciplinary action on this ground.
P K Sharma
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