Sick Leave Dilemma: Should We Pay Salary When ESI Benefits Are Claimed?

Hi Friends,

Good day.

Assume that an employee falls sick and is absent for thirty days. He approaches ESI for treatment and benefits. He declares that he did not attend duty. ESI receives our confirmation and sanctions some payment as per the rules. If the employee has sufficient leaves to his credit, can we treat these 30 days as leave with pay so that the employee can receive his salary? Or, should we treat them as leaves on loss of pay?

Thanks and regards,

KVK Raman.

Hi Buddy,

If an employee is under ESI leave due to sickness, then ESIC will pay the sickness benefit to the concerned employee after confirming with the employer through form-28. In this case, the employer should not pay for the ESI leave; therefore, either the employer shows it as LOP or ESI leave.

With Regards,

Mr. Thumbs Up

Hi Ramanji,

If the employee has accumulated a lot of PL/EL and needs money for urgent necessity, and Co. wants to help employees in such situations, Co. can frame and permit PL encashment during such times.

Email: c.neyimkhan@gmail.com
Date: 18.2.16.

Understanding Leave Policies and ESIC Contributions

The company can permit an employee to take PL (Paid Leave) and receive a salary from the company. However, the ESIC will not pay any sickness benefit. What is the benefit of the company paying 4.75% as a contribution? Would you permit one employee as a special case, but when another employee comes and asks for similar treatment, will you allow it? Therefore, you should not deviate from the general policies and understand that privileges given will become rights later on.

If it is ESI leave, mark it as ESI leave, which is UNPAID only. Otherwise, you will have to pay the salary, deduct PF and ESI, and consider the leave of absence as days worked for deciding the eligibility of annual leave with wages (PL) in the next year and gratuity payable at the time of discharge.

Regards, Madhu.T.K

Hi my dear HR friends,

What documents are needed to submit for leave with wages in our company? Recently, an employee had to take 15 days of leave without pay (LOP) due to an accident and also received ESI treatment. Could you please advise on the necessary documents to submit for his wages? Kindly email me the details or message me privately.

Email: at.lakshminarayanan@gmail.com

Sir, why should an employer pay leave with wages if the employee who met with an accident is covered under the ESI Act, 1948? If the said employee avails medical benefits (treatment) from ESIS, what prevents him/her from claiming sickness or disablement benefits from ESIC?

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In this corrected version, I have made the following changes:

- Corrected the spelling and grammar errors.
- Ensured proper paragraph formatting with a single line break between the paragraphs.
- Preserved the original meaning and tone of the message.

Dear Friends,

Do I have to file monthly contributions for the employee in ESIC and PF if he is on ESIC leave for 1 month?