Please help me understand—Is an employee covered under ESI eligible for sickness benefits, and if so, for how long can the employee avail them? Additionally, if an employee is unable to return to work for over a year due to sickness, can the employer terminate their employment on medical grounds?
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As long as he is sick and is under treatment from ESIC, you can not terminate him. His salary is being paid by ESIC, I assume. What is the specific reason you wish to terminate him?
From India, Mumbai
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2508From India, Mumbai
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Noted, he has been on bed rest for two years and recently received information that, for the past few months, he has not been receiving benefits from ESIC, and there is no chance of recovery. In this situation, can the employer terminate his employment contract? Please advise.
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If there is no chance for him to recover under the standing orders, you can terminate him for absence on account of prolonged illness. But ensure you follow the rules. He should be getting ESIC benefits. As a matter of welfare measure, you should help him by checking with the ESIC to ensure he gets his dues. ESIC benefits continue until the person recovers, even if the payment of ESIC dues stops from the company due to absence.
From India, Mumbai
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