Employee Accident: Are They Eligible for Bonus and Paid Leave During Sick Leave?

One of our employees met with an accident outside the factory premises and is on sick leave, receiving 70% of their average wages under ESI benefits. They were absent for the entire month of September, including their weekly off.

Questions Regarding Employee Benefits

I have two questions:

Q-1. Is he eligible to receive a Bonus under the Bonus Act, 1965 for the said month?

Q-2. For the same period, would he be eligible to receive Paid Leave (PL)? Or should only the same days be considered to calculate 240 days?

Your efforts in highlighting the sections with your answers would be highly appreciated. Looking forward to your response.

Thank you.

Best regards,
Parimal

Dear Parimal,

The injured employee will not be entitled to a bonus for the particular month if he has been compensated through ESI. Additionally, he will also not be entitled to earned leave for those months.

Thank you.

Dear Parimal,

Answers for your questions would be as below:

1) He is not eligible for a bonus, but if management wants to consider it, then you may consider the same.

2) You may not need to consider the month when he was absent, but while calculating next year's PL, you need to keep in mind that if he had completed 240 days of physical presence, then he is entitled to the full PL as per company policy.