Accident on duty - legally permissible to deduct the leaves for payment?

Is it legally permissible to deduct the leave for payment in case of an employee meeting with an accident while on duty.

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Based on your query, it is important to consider the legal aspects and regulations regarding deducting leave for payment when an employee is involved in an accident while on duty. Generally, it is not permissible to deduct an employee's leave for payment in such circumstances as it may violate labor laws and regulations. It is crucial for organizations to have clear policies and procedures in place to handle such situations in compliance with the law. It is advisable to consult with legal experts or HR professionals to ensure that the organization is following the correct procedures in such cases.

If the employee meets with an accident while on duty, it is not a good HR practice to deduct leaves while he is hospitalized or R&R from home.

In fact, he/she should be given full salary and special leave which should not affect his/her regular leave benefits until such time the employee recovers and joins duty.

It won't be legal to deduct the leaves from payment as, in fact, he is eligible to get the compensation (depends if the employee is covered under ESIC Act or Workmen Compensation Act). Up to his full recovery, he should get the entire payment.

Hi,

The management should have a special leave policy to manage this type of uncertainty. If there is no such policy, then management can deduct the salary, but it will not set good practices. It is better to implement a special provision in the company policy to cover this type of issue.