Employee Accident Leave: How Should Pay Be Handled During Recovery?

Hi, can anybody tell me suppose an employee meets an accident in the course of his employment and accordingly, he is absent from duty for ten days. After that, he rejoins duty. So, my question is, during the period of absence, whether he is eligible to receive full pay, half pay, or if it will be adjusted as any special leave. Kindly advise.

If the accident took place during the course of his employment, then the employer is liable to pay full wages until he resumes duty. In such a case, the leave is called accident leave. There is no need to avail sick leave or any other leave.

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If the accident took place during the course of his employment, then the employer is liable to pay full wages until he resumes duty. In such a case, the leave is called accident leave. There is no need to avail SL or any other leave.

This is as per any law? Can members quote the legal requirements as given above? I have a feeling that this could be a legacy from many companies...

Regards

If the employee is covered under the ESI, then the leave shall be without pay and the ESI will compensate for the loss of pay. If he is an uncovered employee due to receiving a salary of more than Rs 10,000, then it becomes the responsibility of the employer to allow him leave with pay. In the case of workers working in factories and those specified in Schedule II of the Workmen's Compensation Act, the employer is bound to pay compensation for temporary disability (lasting more than three days). For others, there is no specific provision in labor laws that makes the employer liable to do something. Therefore, in such situations, the understanding between the employer and the employee shall be considered. It is often found that in such cases, the employer will take care of the employee according to the personal relationship that exists between them. The severity of the accident and the circumstances that led to such an accident also play a significant role in this regard.

Regards,

Madhu.T.K

If covered under ESI, the employee will get the benefits from ESI Corporation. If not covered under ESI, they would receive benefits as prescribed under the Workmen's Compensation Act. Generally, all employments are covered under this.

Siva

Dear All,

Can anyone provide information on the legal requirements regarding "accident leave," if any? The processes mentioned above are typically based on individual company policies, but are there any specific Acts or Rules that mandate paid holidays?

Regards,
Sathish

Can anyone tell me what happens if an employee has an accident during work and is absent from duty for ten days? After the absence, when the employee rejoins duty, is he eligible for full pay, half pay, or will it be adjusted against any special leave? Kindly advise.

Thank you.

EC Act is applicable to employees in schedule ¡¡ of the Act and who are not covered under ESI,ie with salary above Rs21000/pm in implemented area.For those in areas not covered by ESI the salary is immaterial if he is an `employee'.
There is no law for payment of full salary.EC Act mandate reimbursement of expenses for treatment also.
Varghese Mathew