Long Leave (1 year) without ESIC - employee got into an accident and getting treatment from private hospital

Hello Everyone. Wish you a very happy Navratra! One of ESIC employee got into an accident and getting treatment from private hospital. Now my query is as he is not taking the benefits under the ESIC act , and going on absent from last 01 years. So can we take disciplinary action against him. Because we had sent him show cause notice for their long term absenteeism but he always said that he is under the treatment and sent reply with supporting doctors prescription and reports .
Please suggest what to do as management don't want to continue him.

Hi,

Yes if the employee is not reporting without proper justification then disciplinary action can be initiated. If the employee justifies his absence through medical reports then communicate to him through Registered Post With Acknowledgement Due that he will be required to appear before Company nominated Doctor who will examine the genuineness of the illness. If he is having real medical he will not mind appearing before company nominated Doctor else will not respond to the letter.