Sick Leave Dilemma: Should Management Accept Only ESI-Authorized Certificates?

Even though employees are covered under ESI, they produce private doctors' certificates for sick leave. Can management insist that only ESI-authorized certificates be accepted for the sanction of sick leave or leave of absence? Kindly share your valuable opinion on this matter.

Medical Certificates for ESI-Covered Employees

In respect of employees covered under ESI, the employer is making his contribution to the ESI. As such, the employee cannot say that he consulted a private physician and his medical certificate should be taken as a supporting document. Instead, he is expected to produce a medical certificate from ESI only. If the company has a medical officer, then the certificate from that medical officer can only be considered valid.

Exceptional Cases for Private Medical Certificates

In exceptional cases, where the employee was on leave (other than medical leave), was out of station, and fell sick during the leave period, seeking an extension of leave on medical grounds, he can use the medical certificate from a private doctor as a supporting document. Simply put, for ESI-covered employees, a medical certificate from a private medical officer can be used as a supporting document but not as proof of medical or sick leave.

Employee Choice in Medical Treatment

You cannot get any government notification that prevents an employee from seeking medical advice from a private doctor, nor can you find a notification that makes it compulsory for an employee covered under ESI to receive treatment from an ESI Hospital alone. It is up to an employee to decide whether to go to an ESI hospital or a private hospital.

However, the employer, having provided coverage for the employee under the ESI scheme and contributed to it, can insist that no sick leave other than leave from ESI will be entertained. Obviously, if the company has appointed a medical officer, the employer can state that no sick leave will be entertained unless approved by him.