Is an Employee Covered by ESIC Eligible for Sick Leave? Seeking Clarification

I just want to confirm if an employee is in ESIC, then he is eligible for SL or not?

Regards

Hi,

If an employee is sick and covered by ESIC, the medical officer feels that the employee should take bed rest. He would immediately issue a certificate of sickness, which should be submitted to the employer. After the treatment is finished, a certificate of fitness will be issued by the ESIC Medical Officer, and the same should be submitted to the employer so that the employee can resume his duties. The leave granted will have the wages paid by ESIC. Therefore, the employer is not liable to make payments for such sick leaves.

Mohan Rao Manager HR

Hi Sachin,

Of course, he is eligible for sick leave. ESIC is different, and sick leave is different. ESIC is a benefit, while sick leave is part of the company's leave policy, applicable to all employees of the company.

Thanks,
Manya
Human Resource Development

Hi,

Even if the company policy says SL (Sick Leave) is given to employees, an employee cannot enjoy the double benefit of sick leaves. This practice goes against labor laws.

Mohan Rao
Manager HR

Hi,

Mr. KMR Rao is right; when an employee is enjoying ESIC benefits, they will not be eligible for Sick Leave.

Regards,
R. Sudhakar

There are two issues involved here:

#1 - How should his attendance be "marked"?
#2 - How should he be compensated for the leave?

Although he will be compensated by the ESIC and not the company, his attendance shall still be marked as "SL".

Hope this information/practice shall be of use.

Warm regards.

Dear Sachin,

The staff/workers who are covered under the ESIC Scheme are not eligible for sick leave.

V. Venkatesh

Dear Sachin,
Yes,
Just want to confirm if employee in ESIC, then he/she is eligible for SL. Because if the employee is illness for 2 days, ESIC can't paid any amount for that (If the employee admitted in ESIC hospital then admitted day and discharge day ESIC can't paid amount )
With kindest regards,
Dipak Kumar Adhikari
Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
P.O. Hatiara. Kolkata-700059 Email: [Login to view] PH. 9836149983
W.B. India.

An employee who is covered under the ESI Act cannot legally claim for sickness leave paid by the employer unless and until a policy to this effect is framed by the employer. However, the same benefit can be claimed through ESI subject to the qualifying contribution condition (78 days in the corresponding contribution period) as laid out by ESIC. The standard benefit rate is roughly half of the daily wage rate and is payable for a maximum period of 91 days.

Please note that the benefit is not paid for the initial waiting period of 2 days unless the insured person is certified sick within 15 days of the last spell in which sickness benefit was paid.

Hi,

I agree with Mr. Rao. He will not be eligible for SL if ESIC is taking care of it. If ESIC is not making any such payment (in the case of very short leave), then the employer has to handle it within the company's policy on SL.

Regards,
Suneeta

Seedhi si baat hai yaaro, double benefit: SL and ESIC leave can't be availed by any employees if he/she is covered by ESIC. If he/she is covered under ESIC but does not avail the benefits of ESIC rules and the employer is willing to pay SL, then there is no objection from anyone.

Re: Eligible for SL or not

I agree with Mr. Rao. An employee cannot enjoy dual benefits. Please refer to your company's standing order or leave policy as it will clearly reflect this.

BR,
Mohan
GM-HR

I partially agree with Mr. KM RAO on the point that dual benefits are restricted by labor laws. However, I disagree with the view that these benefits should be provided. This means that if a company knowingly pays additional benefits, in addition to ESIC, as a welfare measure, it is not prohibited by law.

An employee cannot enjoy double benefits at a time. If he is availing the sick leave benefit of ESIC, then he cannot claim for SL under the company's leave policy. I strongly agree with the comments of Mr. K.M. Rao.

Paramjit

Hi,

I agree with Mr. Rao; he will not be eligible for SL if ESIC is taking care of it. If ESIC is not making any such payment (in the case of very short leave), then the employer has to handle it within the company's SL policy guidelines.

Kind regards,
[Your Name]