tamil.theo93@gmail.com
Even though when employees are covered under ESI, employees produce private doctors certificate for Sick leave. Can Management insist only ESI authorised certificate can be accepted for sanction of sick leave / leave of absence. . Kindly let me have your valuable opinion in this matter
From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws

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Madhu.T.K
3767

In respect of employees covered under ESI, the employer is making his contribution to the ESI and as such the employee cannot say that he had consulted private physician and his medical certificate should be taken as supporting document but he is expected to produce medical certificate from ESI only. If the company has a medical officer, obviously, the certificate from that medical officer can only be taken as valid certificate. In exceptional cases, where the employee was on leave (other than medical leave) and was out of station and during the leave period he fell sick and wanted to avail extension of leave on medical ground, and for that he can use the medical certificate of private doctor as a supporting document. Very simply, in respect of ESI covered employees medical certificate from a private medical officer can be used as a supporting document but not as proof of medical or sick leave.
From India, Kannur
tamil.theo93@gmail.com
Thanks and appreciate Mr.Madhu sir, for your valuable reply in the matter. May I further request you or from other learned members of citehr, any notification or citation in this regard, for the management as documentary evidence / to impose the condition.
Regards

From India, Mumbai
Madhu.T.K
3767

You cannot get any government notification which PREVENTS an employee from taking medical advice from a private doctor NOR can you find a notification which makes it compulsory for an employee covered under ESI to get treatment from ESI Hospital alone. It is upto an employee to decide whether he should go to ESI hospital or private hospital. But the employer, having been given an employee coverage under ESI scheme and contributed to it, can insist that no sick leave other than leave from ESI will be entertained. Obviously, if the company has appointed a medical officer, the employer can say that no sick leave will be entertained unless approved by him.
From India, Kannur

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