Understanding the Employees' Compensation Act: What Happens if an Employee Has an Accident or Passes Away During Authorized Leave?

karbholanath
Question on Employees' Compensation Act

What does the Employees' Compensation Act state when an employee on authorized leave (EL) has an accident or passes away during the leave period? Need expert opinion.
Madhu.T.K
An employer is liable to pay compensation under the Employees' Compensation Act only when the death of the employee occurs during the course of employment. The dependents of an employee on leave, whether paid or not, will not receive any benefits under the Act. However, if the employee was away from the place of work on an official tour and died in a road accident, then the incident could be treated as a death while on employment.

Regards,
Madhu.T.K
gimsur
He is eligible for compensation as he was on earned leave; therefore, he will be paid his salary. This will be treated as during employment only. Additionally, he received advance information and sanction from the department head, so he is eligible.
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