Long Absences After Surgery: Can Employees Stay Away Without Medical Proof?

Dear All,

Good afternoon. I hope all are fine. Please note that two workers in the stitching department have not been coming to work since December 2021 due to major surgeries and are currently on rest, as per their statements. One worker had applied for ESI leave up to December 20, 2021, but has not renewed it yet. The other worker never applied for ESI leave from December until now. Consequently, we have sent a warning letter for prolonged absenteeism to both workers. One worker responded with a letter stating she is on rest and will resume work in June 2022. The other worker has not responded.

Please advise on whether it is permissible to stay away from work for extended periods without providing medical proof for such medical treatment.

Additionally, please advise on whether we should request their resignation or retain them in their current status.

Regards,
Manu

Handling Long Absence of Employees

Two of your employees are on long absence; I presume they are covered under ESI. You may write to the ESI local office and the ESI hospital concerned/assigned, asking for the present condition of the employees and request them to certify the present health position and the probable date of resumption for work, a ‘Fitness Certificate’ or conditional fitness certificate.

Copies of the above letter may also be marked to the concerned workmen by registered post, directing them to report to the ESI doctor/local office for a review of the sickness certificates issued. Another possibility is that the workmen may submit a private doctor’s certificate for the continuation of sick leave as soon as they receive your letter. However, you may direct the workmen in writing to report before the ESI panel for a review of further sickness certificates or fitness certificates, with copies to the ESI doctor/local office concerned.

You may also contact the ESI doctor/local office concerned directly to issue a notice to the workmen to report for a medical examination/fitness certificate. Based on the certificate, you may proceed with your action.