Employee Used Medical Leave for a Wedding: Should We Take Action?

Employee requested leave, but it was denied. He produced an ESI medical certificate and went on leave, yet he attended a marriage ceremony. Should any action be taken in this situation?

What does your company policy state? Also, why do you want to insist on strict action as he went on leave despite the denial by the manager?

Producing false medical certificates for taking leave would be misconduct under the standing orders. Please check the previous posts on the subject of disciplinary action on the forum, and you will get the procedure required.

Proving the Validity of an ESI Medical Certificate

1. How can you prove that a particular medical certificate issued by an Insurance Medical Officer of an ESI dispensary is false? If the worker or insured person is entitled to medical leave under the ESI Act, 1948, and the rules and regulations framed thereunder, and the authorized ESI Dispensary or Hospital has issued a valid certificate, no action, in my opinion, can be taken against such an insured person.

2. Addressing Habitual Misuse of ESI Medical Certification

The best course, in my opinion, is to inform the said ESI dispensary in writing that the employee is habitual (if the worker is actually habitual) in obtaining the ESI medical certification at the cost of work, etc. In the future, ESI medical certificates should be issued with care and strictly as and when genuinely required. The ESIC Branch Manager can also be informed on the same lines.

3. Legal Implications of Taking Action Against Insured Persons

Taking any action against the insured person who is on authorized ESI medical leave is an offense punishable under section 85(d) read with section 73 of the said Act. Neither any policy of the company nor standing orders of any kind are relevant if the certification of the ESI dispensary or hospital is genuine and proper.

Dear all,

If a medical certificate is issued by a competent authority, it is next to impossible to prove that the insured has obtained it on false grounds. However, if a certificate seems to be obtained on false grounds, a complaint can be lodged with the State Medical Commissioner who can investigate it, but you cannot take disciplinary action on this ground.

P K Sharma