How Do You Handle Long ESIC Leaves Affecting Productivity in Your Company?

I represent HR desk in a manufacturing company. Several times, we come across leave-related matters where employees go on ESIC leave for a long period. Generally, ESIC leaves can be taken only for 21 days (not sure), but employees go on leave for months together on sick leave. This has become a tendency. Productivity of a particular department will go down in such a situation, and the demand for more employment will arise. HR will have its constraints for recruiting people again. How and what action can be taken in such a case? Please enlighten me on this matter. Also, I would like to know how a company contract works. From where will I get complete info about it.

Regards

Dear Manisha,

ESIC leave must be supported with a certificate from ESIC doctors stating that the particular employee needs rest for one month. Absences supported by this certificate should not be considered as leave without pay (LWP).

Thank you.

I agree the certificate will be there, but in case it exceeds 1 month and if more employees go on such leave for a longer time at a time, what stance should we, as HR people, take so that productivity will not be disturbed?

Manisha

If you have evidence to prove that workers are availing sickness benefits/leave erroneously, you can report it to the ESIC. Under Section 91 B of the ESI Act, any employee found misusing the benefits will be fined by the Corporation. Even if you do not have any proof to show that employees take leave without any valid reason, if you report that the number of man-days lost due to sickness is very high, the matter will be taken up by the Corporation in spirit. But it should not strike back because the company will become responsible for the excessive incidence of sickness if they are satisfied that the excessive incidence of sickness is due to unhygienic conditions of work (u/s 69 of the ESI Act).

Regards,
Madhu.T.K