Can an employee covered under ESI and admitted in hospital for more then two months be removed from service

Dear All,

Can an employee be removed from service for being absent without leave and receiving treatment at ESI Hospital? What are the rights of the employee in this situation? We have a case where a casual employee returned to work after four months, presenting admission and discharge slips covering varying periods that were not continuous.

Thanks

The case will have to be studied thoroughly. How much gap was there, what was the doctor's advice, etc. Don't be in a tearing hurry to dismiss the employee. Has he given you intimation of sickness, fitness, etc?

Thank you for your reply Nathrao,

The individual is a casual employee with more than 10 years of service. He did not inform the office of the reasons for his absence. He reported to the office after a gap of more than two months along with medical papers which showed him admitted to the ESI empanelled hospital on three occasions for a period of seven days for his waist treatment. During all this period, his whereabouts were not known to the employer.

Under the circumstances, as per the terms of his agreement, 30 days of continuous absence from duty without permission should cause him to lose his lien on the job, and his services shall automatically come to an end without any notice or intimation from the side of the management.

Kindly advise if the action to remove him can be initiated?

Thank you

Hi,

Further to the advice given by the learned member, it would be good if you do not initiate the process of termination without considering the pros and cons of the situation. Ten years of service as a casual employee may give rise to other issues, such as making him a permanent employee, etc. The doctor's advice to the patient is not clearly stated in the above instance. You have only shown the agreement from the employer's side without taking into consideration the reasons, including medical leave, from the employee's point of view. Please make sure to review the medical records where he may have been advised to take bed rest, etc., during the intervals he was not in the ESI hospital. Ask the employee to provide all the documents related to his medical condition before proceeding with your decision.

Thanks and Regards

Have an inquiry to ascertain full facts, terms, and conditions of appointment, etc., and collect medical papers from the employee.

How many days was he absent?

Did the employer send any message or find out reasons for the absence?

Was he in the hospital for only 7 days out of his total absence of 2 months?

Was any bed rest prescribed?

What was the date of the fitness certificate from the ESI doctor?

As far as I know, the employee has to get an entitlement form filled by the employer, and this has to be submitted to the zonal ESI office before admission to a hospital. Also, after discharge from the hospital, forms have to be filled and signed by the employer to be submitted to the ESI office. Therefore, the employee can't receive any service without the support of the employer. If this employee has not informed the employer or prepared any forms, it is unlikely that the employee could have been admitted under the ESI system. You need to check if the procedures were followed. If the employee was absent without leave or any notification, you are free to take suitable action as per your administrative procedures.

Dear Mr. Mahesh Saxena,

You are stating that "as per the terms of his agreement, 30 days of continuous absence from duty without permission should cause him to lose his lien on the job. His services shall automatically come to an end without any notice or intimation from the Management."

However, considering his ten years of long service, have you communicated with the employee during the unauthorized absence of two months? Now, when he has reported/approached you with medical reports, you are in a dilemma.

Please view his case sympathetically. Otherwise, it would be a violation of the principles of natural justice, and the employee may opt for legal action against the company based on his ESIC medical certification and the arbitrary actions of the Company if you choose to terminate his services.

Dear Mr. Mahesh Saxena,

We cannot remove any IP without a valid reason. If the person is on medical leave, with or without intimation, we have to show them as on leave to the concerned person. The reason behind this is that if the person is receiving treatment, we cannot terminate their service.

For further details, you can refer to the ESIC Act, Chapter "IV," Sections 96 to 108.

Dear Mr. Mahesh Saxena,

Can you please clarify your statement that "The individual is a casual employee with more than 10 years of service? How does an employee remain a casual employee after completing 10 years of service?

Thank you.

Dear HR Fraternity,

Thank you for your inputs. Wishing you a happy and prosperous festival of lights, Diwali.

Corrected text has been formatted into paragraphs with appropriate line breaks. Spelling and grammar errors have been addressed, and the original message's meaning and tone have been preserved.