Industrial Relations And Labour Laws
Insolvency N Gst Professional
Systems Coordinator

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
I am working at the hotel in Gurgaon. 0n 31st December during preparations for new year event I got a heart attack at the hotel. I was taken to the hospital and required treatment given (in ICU) and next day was discharged as the hospital do not have the facility to provide treatment for heart disease. in later days I got angioplasty done with 2 stents put into my heart.
The company did not provide any financial support for medical treatment except 50 pct cost borne by the company when I was admitted to the hospital for initial treatment. The total cost of INR 13562. I got angioplasty done with the cost of 1.50 lacs at my end. When I questioned the company for treatment cost, HR told me that there is no medical insurance policy at managerial level. Furthermore, company has deduced salary of 15 days on account of leaves taken during treatment saying that no sick leaves applicable.

The company should be persuaded to take a group medical cover all managerial employees.
Apart from that every person needs to take a medical cover policy as suitable from a company which has good settlement ratio of claims.
Notwithstanding any company coverage, family floater policy would be a safe way.

Dear Mr. Rao, Thank you for your revert. Could u advise me on salary deducted during treatment. For 15 days.
You will have to check out your company sick leave provisions.
If your employer doesn’t provide sick leave, your 15 days leave for the treatment can be adjusted from your earned leave accruals.
Regarding Medial every company should have Medial policy for their employees..
Regarding Leaves - Earned Leaves to be deducted if no sufficiency than the salary will be deducted.
Moreover a company has to verify and employee has to inform his Manager or email to HR looping Manager on the Medical issues for not coming to office.

Dear Akrani,
It is the bounden duty of the employer to cover for any medical cases during working hours and in the premises of employment.
As suggested by Nathrao, please pursue the matter immediately with the higher ups and get the relief.
Please deal the same with the Management as downline HR cannot solve the issue unless a policy is laid out in this matter. It would be a learning experience for the Management as well.

The establishment, the hotel at Gurgaon, seems to be third class establishment. Now a days even the smallest of small establishments provide mediclaim benefits to their employees including persons in the managerial category. Though provision of mediclaim is purely a management prerogative and there is no law which says that employees should be given medical insurance other than that provided under ESI Act or Workmen's Compensation Act, this is considered as a part of current day professional ethics. There are plenty of medical insurance available and those who are out of ESI can certainly buy any of these policies depending their size of family, age of each member of the family etc. But it should be easy for the employees when it is a policy for the entire employees of the establishment. Certainly, when it is corporate policy, it will be cheaper and there will be a single point of contact for the employees. For the establishment, no cost will be involved because the policy premia will be part of the employees' CTC and thereby it is borne by them only.
It is true that you cannot have a leave policy separate for one person who had an incident like cardiac arrest. But if you had a mediclaim policy you would also have compensated for the loss of salary or loss of income due to absence from work. Now the most important thing is that the heart attack has happened during the course of employment and as such the employer should have taken it seriously and think of treating it as a special case because it is our duty to see whether the incident has any connection with work pressure or was he over stressed to make the event (new year) successful. If so, it should come under the definition of "during the course of employment" wherein the responsibility is with the employer and such kind of responsibility cannot be shared to make it 50-50

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Co™