Navigating Long-Term Leave: How to Handle Extended Absences Due to Injury or Illness?

Dear All,

Greetings!

I have come across a situation where I want to seek advice from my seniors. Please suggest to me in these 2 cases:

An employee, A, was injured on duty and has a hairline fracture. We had granted him Accident on Duty leaves. Now, after almost over 3 months, the treatment is still ongoing. For how long can we sanction these leaves, considering all legal and statutory aspects? The individual is a relative of a union member.

Secondly, an employee has been unwell and absent from duty for almost 3 months. No one is aware of this fact. We have issued two memos regarding the same, and suddenly he has faxed his medical summary to us. He is still not reporting for duty, although we are aware of his condition. What steps can we take with such an employee? I recall reading somewhere that if an employee is unwell and absent from duties for 6 months, we can consider retrenching him.

Please advise on the course of action.

Regards,
Ranjeet

Dear Ranjeet ji,

First one:
You have not made it clear whether your employee is covered under ESIC. If not, is your industry or establishment engaged with and registered with a medical practitioner? In such a case, please approach the concerned doctor for advice.

Second one:
For this also, the same as the first. Ask him to submit the medical details and forward them to the doctor engaged by your company for a report. If there is no report, refer your employee to the company doctor for a medical check-up.

Regards,
PBS KUMAR

I endorse pbskumar's opinion. Send the medical reports to the company's doctor for his opinion; or you can ask the employees to present themselves for a medical examination at the doctor/hospital of your choice.

Hope this helps.

Dear Mr. Pbs & Mr. RAj,

The first employee is not covered under ESIC, but the second one is covered by it. The second employee, who was working as a trainee, is included in ESIC, but he has not consulted at the ESIC dispensary. He sent some medical documents from the government hospital of Jammu but has still not reported for duty.

Your views on this would be appreciated.

Regards,
Ranjeet

Accidents while on duty should not be taken as an opportunity to avail leaves at one's convenience, and knowingly, many employees take it for granted. It is always better if your standing orders are amended to make it mandatory for all employees who fall sick or meet with accidents to undergo a medical examination by a panel of doctors appointed by the company. By doing so, you can address this unfair practice among the workmen.

In the second case, since the employee is a member of ESI, you need not be concerned about his pay and allowances. Let him seek reimbursement from ESIC. However, you should not have allowed him to take such a long leave without genuine reasons. Send him a letter asking him to show cause as to why he should not be terminated from service.

Regards,
Madhu.T.K

One of my peers had an accident on duty. She got medical leave for a month; however, she still has a ligament tear and faces difficulty in walking. We all are covered under medical insurance, and initial medical expenses were paid for her. Her recent bills have not been paid. The company had their doctor run tests on her, and he confirmed her injury. She needs further medical tests and medicines. Moreover, the doctor has asked her to rest for one more month.

Since it was an accident on duty, is the company liable to pay for her medical expenses? Is there a law that can force the company to allow her to take more leave? Please provide the section number.

Dear Madhu Sir,

I have issued 2 warning letters for explanation but he has never responded. He is a relative of one of the union members. When I contacted the union member, the victim had sent his medical documents which show that he was suffering from some disease.

Please suggest to me what the next step we can take against him in this situation.

Regards,
Ranjeet

Thank you for the response, Raj Sir.

My company is hesitant to grant my colleague any additional paid time off without deducting from her leave balance. In this scenario, should the company provide her with paid leave without any deductions?

Ishmeet

Dear Ranjeet,

The employee may try to extend leave by producing medical documents. There are two ways to deal with it. First, to accept it blindly and sanction leave. But when you do so, it is just being dishonest towards the employer. The second thing is to refuse further leave and ask him to report to duty and appear before a medical officer appointed by the company. This move will be objected to by the Trade Union. But if you are able to convince the Union (not the member who is the relative of the employee) you can do so. In any Union, I feel that there will be two opinions, and if you could take at least a few of the members to your side by highlighting what has been done by the employee and what will the other employees follow if you permit one employee to take it as granted, I am sure that the Union will drop the case from their hands. If you could get any proof to show that the employee is fit to resume work but is misusing the accident leave, then it is an added advantage.

Proceed like this.

All the best.

Madhu.T.K

Yes, since it is related to work injury, the least your company can do is give paid leaves under "Special Disability Leave" without any deductions from his/her leave account. (Please ensure that the case and further development are genuine). Please note that, from the salary, statutory deductions (like CPF) are to be made; but the employee will not be entitled to certain benefits like Conveyance, Food coupon/reimbursement, etc., which are concomitant with being present and attending duties. Hope the above information shall be of help to you.