Can We Reimburse Withheld Salary if Medical Documents Are Submitted Late?

Dear all seniors,

I am seeking clarification for the below issue on leave. One of our staff took a medical leave in the month of May. He hasn't submitted his medical supportive documents till now. We have a policy that a loss of pay would occur if the employee fails to submit medical documents. If he submits the medical document this month, can we reimburse the withheld one-day salary to the employee?

Please advise... 🌟🌟🌟🌟

Yes, you can reimburse; there is no hard and fast rule. You have to follow that only. If you can, then you have to reimburse. Just imagine if I will deduct your one day's salary for the same issue, then what will you think about me? About your HR? Providing the facility to your employees is one of your duties, but if the same employee is repeating the same thing, then you should be strict at that time. It depends on the situation, employee, but what is your rule exactly? Do you have any rule to submit the medical reports within a specific time frame after availing the leave?

Yes, our timeline is in alignment with the leave application form. He has submitted the leave application form.

Certainly! Here is the revised text with corrected spelling, grammar, and formatting:

"Not a problem at all. You have to deduct his one-day salary. Maybe he was unable to provide the medical certificate due to some reason. Ask for the reason, tell him not to repeat it again, and deduct his salary. This is a very simple issue happening in all companies; you have to manage these things. But if it will take one more month, then you should not.

"

Hi,

How can you make sure that the document provided after a month as medical proof is fake or not? If someone takes a leave for a genuine medical reason, then that person should provide the medical within a week. In our firm, we give 5 working days to submit medical documentation, or else the leave will remain unpaid. If you have not paid the salary for May until now, you can adjust that leave, but a reprimand is needed.

Gunjan

Any medical leave application has to be supported by a medical certificate issued by a registered medical practitioner, with his signature and seal. If no supportive certificate is produced along with the leave application, you can reject his request and treat his absence as loss of pay/unauthorized leave.

Furthermore, when the employee reports for resuming duty after the medical leave, he is required to produce a fitness certificate from the same medical practitioner. Without this, the employer cannot permit the employee to resume duty.

Supportive medical certificates should not be accepted later. Treat the absence as loss of pay and initiate action for unauthorized leave if the employee had not intimated that he was sick during the period of absence.

Be stern in dealing with such situations as an HR Manager. Do not show any kind of leniency. Rules are meant for compliance and not for flouting.

Gopan

I agree with Gopan, processes have to be disciplined. If in your policy it's not documented that within a certain timeframe a medical certificate should be provided, else it won't be considered. This can be a lesson to your management too, and hopefully after this happening, they will agree easily to your point of putting a slab on the time period for submission.

Thank you to all seniors,

We have finally made the decision as Mr. Gopan suggested. Since our company is a small startup and we are in the process of implementing these policies, any leniency could lead to significant problems in the near future.

Thanks to everyone for your valuable comments and advice.

If you have a policy on leave matters, do implement it. Generally, if one takes sick leave for four days and beyond, a medical certificate is mandatory in most companies. This must be submitted immediately upon his return to work. If you have a medical officer or a doctor, the associate is referred to him, and the certificate is countersigned for validity. Also, as a process, this works very well. Now, if he has submitted it at his convenience, the organization can decide whether to consider his application or not. It is not mandatory for us to accept. You are the BOSS!!!

Dear friends,

I have gone through all your suggestions and comments. As Mr. Ravikumar mentioned, any employee will need to visit the doctor for treatment if the sickness persists, i.e., for more than two days. Generally, for common ailments like a cold, we usually self-medicate and return to work the following day. Therefore, it is advisable, as a practice, that any absence due to sickness should exceed three days.

Another important aspect to consider is the attitude of the employee. If it is a rare occurrence or a first-time incident, you should seek approval from the Head of Department (HOD) before granting any flexibility. This level of discretion is crucial. Otherwise, the rule should be consistently applied. This means that procedures should be uniform for all, including HODs and senior-level employees. In many organizations, the senior management does not make exceptions. However, in some cases, they may notify about their absence via email or mark their leave in the attendance register. Failing to adhere to these guidelines may lead to employees questioning the HR department's credibility.

Regards,
Kameswarao

If any employee is taking sick leave and is under ESI, then a private hospital medical certificate should be acceptable when they resume their duty. We need your feedback, please.

Regards,
Gaurav Mehta

If an employee is covered under ESI, then they are supposed to approach ESI Hospital/Authorities. All benefits such as medical treatment, payment in lieu of leave, compensation, etc., are payable by the ESI authorities, and the management has nothing to pay on this count to the employees. The insured person (IP) will submit the Medical Certificate and Fitness Certificate as issued by the ESI doctor to you.

Private hospitalization is only applicable if the ESI Hospital recommends it. Please note that medical leave is payable by the ESI to the IP as per their rules, and no medical leave is payable by the company. After all, management contributes their share at 4.75% in comparison to the employee's share at 1.75%.

Thanks,
V K Gupta

You provided me with good information regarding this. However, he is not taking ESI benefits. He has a significant leave balance. Can we grant this leave on the basis of a private medical certificate?

Regards,
Gaurav Mehta

You can grant him any type of leave, except for Sick Leave, as this kind of leave is not permissible for ESI-covered employees.

Regards,
V K Gupta

Sometimes, I find that many organizations require a medical certificate after three days of sick leave from an employee, whether under ESI or not. This certificate is not always from ESI; sometimes, a private hospital medical certificate is submitted by the employee. Should this leave be sanctioned or not? Please, sir, clear my doubt.

Regards,
Gaurav Mehta