HR Dilemma: Should We Offer Extended Paid Medical Leave After an Employee's Accident?

Dear All,

Greetings! I have come across a situation where I need to make a decision as an HR. Please suggest in these cases:

Our company is based in building construction, and one of our employees in the machinery department has had an accident outside his home, resulting in multiple fractures in his body. Should we give him paid medical leave for one month or the prescribed leave as per the medical certificate issued by the doctors and also as per labor laws or legal and statutory laws/compliances updated in 2024?

Please suggest the course of action.

Regards,
Khushbu

Accident and Paid Leave Considerations

If the accident had taken place outside the place where he is supposed to work, and if the accident happened during the course of employment and arising out of employment, then he cannot get paid leave. At the same time, if the accident had happened during and in connection with employment, he should be given paid leave.

Please clarify whether this employee is covered under the ESI Scheme or any other insurance scheme. If he is governed by the ESI scheme, ESI will take care of his treatment as well as the sickness benefit for his absence.

Otherwise, as rightly said by Mr. Madhu, he is not entitled to paid leave; however, he can avail of insurance facilities for treatment.