In my company, one employee who is on probation met with an accident while on duty. Can you tell me how many sick leaves would be given to him? In our company, only one leave is allowed to employees who are on probation. Additionally, I would like to know how many sick leaves can be given to confirmed employees.
Thank you.
From India, Delhi
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1Thank you.
From India, Delhi
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Hi Sonia,
The rule states that because the employee is on probation, one medical leave is sufficient for him. However, sometimes it depends on the situation. You can give him a maximum of three days' leave as per his problem. In the case of a confirmed employee, it can be up to one month.
Regards,
Shikha
From India, Bangalore
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The rule states that because the employee is on probation, one medical leave is sufficient for him. However, sometimes it depends on the situation. You can give him a maximum of three days' leave as per his problem. In the case of a confirmed employee, it can be up to one month.
Regards,
Shikha
From India, Bangalore
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Dear Sonia,
As you have mentioned that the accident has occurred while on duty, the employer's liability is more than providing leaves, though he is in his probation period.
You have not mentioned if your company is a factory. In case of an accident, you need to inform the Labour Commissioner about the accident and enter in the prescribed register the date and occurrence of the accident and other details, in case it is a factory. Also, you need to go through the Workmen's Compensation Act / ESI Act where it has been mentioned what compensation is to be provided keeping in mind the gravity of the accident.
Compensation under section 4 shall be paid as soon as it falls due.
EMPLOYER'S LIABILITY FOR COMPENSATION - (1) If personal injury is caused to a workman by an accident arising out of and in the course of his employment, his employer shall be liable to pay compensation as follows:
Provided that the employer shall not be so liable - (a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;
(b) in respect of any injury, not resulting in death or permanent total disablement, caused by an accident which is directly attributable to - (i) the workman having been at the time thereof under the influence of drink or drugs, or
(ii) the willful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen, or
(iii) the willful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workmen.
Nothing herein contained shall be deemed to confer any right to compensation on a workman in respect of any injury if he has instituted in a Civil Court a suit for damages in respect of the injury against the employer or any other person; and no suit for damages shall be maintainable by a workman in any Court of law in respect of any injury - (a) if he has instituted a claim for compensation in respect of the injury before a Commissioner.
10B. REPORTS OF FATAL ACCIDENTS AND SERIOUS BODILY INJURIES. (1) Where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death, or serious bodily injury, the person required to give the notice shall, within seven days of the death or serious bodily injury, send a report to the Commissioner giving the circumstances attending the death or serious bodily injury:
Provided that where the State Government has so prescribed the person required to give the notice may instead of sending such report to the Commissioner send it to the authority to whom he is required to give the notice.
Explanation: "Serious bodily injury" means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days.
(2) The State Government may, by notification in the Official Gazette, extend the provisions of subsection (1) to any class of premises other than those coming within the scope of that subsection, and may, by such notification, specify the persons who shall send the report to the Commissioner.
(3) Nothing in this section shall apply to factories to which the Employees' State Insurance Act, 1948 (34 of 1948), applies.
MEDICAL EXAMINATION - (1) Where a workman has given notice of an accident, he shall, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a qualified medical practitioner, submit himself for such examination, and any workman who is in receipt of a half-monthly payment under this Act shall, if so required, submit himself for such examination from time to time:
Provided that a workman shall not be required to submit himself for examination by a medical practitioner otherwise than in accordance with rules made under this Act, or at more frequent intervals than may be prescribed.
(2) If a workman, on being required to do so by the employer under subsection (1) or by the Commissioner at any time, refuses to submit himself for examination by a qualified medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during the continuance of such refusal or obstruction unless, in the case of refusal, he was prevented by any sufficient cause from so submitting himself.
(3) If a workman, before the expiry of the period within which he is liable under subsection (1) to be required to submit himself for a medical examination, voluntarily leaves without having been so examined the vicinity of the place in which he was employed, his right to compensation shall be suspended until he returns and offers himself for such examination.
(4) Where a workman, whose right to compensation has been suspended under subsection (2) or subsection (3), dies without having submitted himself for a medical examination as required by either of those subsections, the Commissioner may, if he thinks fit, direct the payment of compensation to the dependants of the deceased workman.
(5) Where under subsection (2) or subsection (3) a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause (d) of subsection (1) of section 4, the waiting period shall be increased by the period during which the suspension continues.
(6) Where an injured workman has refused to be attended by a qualified medical practitioner whose services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such a medical practitioner, then if it is proved that the workman has not thereafter been regularly attended by a qualified medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal, disregard, or failure was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the workman had been regularly attended by a qualified medical practitioner, whose instructions he had followed, and compensation, if any, shall be payable accordingly.
Generally, there are 12 Casual Leaves, 15 Privileged Leaves, and 8 Gazetted / approved list of holidays for any employee in a year. This is the minimum. THE LEAVES DEPEND ON THE COMPANY POLICY. In some companies, there are 7 CL 5 Medical Leaves, and PL starts after the completion of the 1st year of service, though it starts accumulating even in the 1st year of service, i.e., after the completion of service, the employee has 15 PL.
Regards,
Santosh
Email: hr.santosh@gmail.com
Email: santoshkumarhr@gmail.com
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As you have mentioned that the accident has occurred while on duty, the employer's liability is more than providing leaves, though he is in his probation period.
You have not mentioned if your company is a factory. In case of an accident, you need to inform the Labour Commissioner about the accident and enter in the prescribed register the date and occurrence of the accident and other details, in case it is a factory. Also, you need to go through the Workmen's Compensation Act / ESI Act where it has been mentioned what compensation is to be provided keeping in mind the gravity of the accident.
Compensation under section 4 shall be paid as soon as it falls due.
EMPLOYER'S LIABILITY FOR COMPENSATION - (1) If personal injury is caused to a workman by an accident arising out of and in the course of his employment, his employer shall be liable to pay compensation as follows:
Provided that the employer shall not be so liable - (a) in respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding three days;
(b) in respect of any injury, not resulting in death or permanent total disablement, caused by an accident which is directly attributable to - (i) the workman having been at the time thereof under the influence of drink or drugs, or
(ii) the willful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workmen, or
(iii) the willful removal or disregard by the workman of any safety guard or other device which he knew to have been provided for the purpose of securing the safety of workmen.
Nothing herein contained shall be deemed to confer any right to compensation on a workman in respect of any injury if he has instituted in a Civil Court a suit for damages in respect of the injury against the employer or any other person; and no suit for damages shall be maintainable by a workman in any Court of law in respect of any injury - (a) if he has instituted a claim for compensation in respect of the injury before a Commissioner.
10B. REPORTS OF FATAL ACCIDENTS AND SERIOUS BODILY INJURIES. (1) Where, by any law for the time being in force, notice is required to be given to any authority, by or on behalf of an employer, of any accident occurring on his premises which results in death, or serious bodily injury, the person required to give the notice shall, within seven days of the death or serious bodily injury, send a report to the Commissioner giving the circumstances attending the death or serious bodily injury:
Provided that where the State Government has so prescribed the person required to give the notice may instead of sending such report to the Commissioner send it to the authority to whom he is required to give the notice.
Explanation: "Serious bodily injury" means an injury which involves, or in all probability will involve, the permanent loss of the use of, or permanent injury to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days.
(2) The State Government may, by notification in the Official Gazette, extend the provisions of subsection (1) to any class of premises other than those coming within the scope of that subsection, and may, by such notification, specify the persons who shall send the report to the Commissioner.
(3) Nothing in this section shall apply to factories to which the Employees' State Insurance Act, 1948 (34 of 1948), applies.
MEDICAL EXAMINATION - (1) Where a workman has given notice of an accident, he shall, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a qualified medical practitioner, submit himself for such examination, and any workman who is in receipt of a half-monthly payment under this Act shall, if so required, submit himself for such examination from time to time:
Provided that a workman shall not be required to submit himself for examination by a medical practitioner otherwise than in accordance with rules made under this Act, or at more frequent intervals than may be prescribed.
(2) If a workman, on being required to do so by the employer under subsection (1) or by the Commissioner at any time, refuses to submit himself for examination by a qualified medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during the continuance of such refusal or obstruction unless, in the case of refusal, he was prevented by any sufficient cause from so submitting himself.
(3) If a workman, before the expiry of the period within which he is liable under subsection (1) to be required to submit himself for a medical examination, voluntarily leaves without having been so examined the vicinity of the place in which he was employed, his right to compensation shall be suspended until he returns and offers himself for such examination.
(4) Where a workman, whose right to compensation has been suspended under subsection (2) or subsection (3), dies without having submitted himself for a medical examination as required by either of those subsections, the Commissioner may, if he thinks fit, direct the payment of compensation to the dependants of the deceased workman.
(5) Where under subsection (2) or subsection (3) a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause (d) of subsection (1) of section 4, the waiting period shall be increased by the period during which the suspension continues.
(6) Where an injured workman has refused to be attended by a qualified medical practitioner whose services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such a medical practitioner, then if it is proved that the workman has not thereafter been regularly attended by a qualified medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal, disregard, or failure was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the workman had been regularly attended by a qualified medical practitioner, whose instructions he had followed, and compensation, if any, shall be payable accordingly.
Generally, there are 12 Casual Leaves, 15 Privileged Leaves, and 8 Gazetted / approved list of holidays for any employee in a year. This is the minimum. THE LEAVES DEPEND ON THE COMPANY POLICY. In some companies, there are 7 CL 5 Medical Leaves, and PL starts after the completion of the 1st year of service, though it starts accumulating even in the 1st year of service, i.e., after the completion of service, the employee has 15 PL.
Regards,
Santosh
Email: hr.santosh@gmail.com
Email: santoshkumarhr@gmail.com
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Dear Sonia,
Since the employee met with the accident while performing their duty, the liability lies with the employer for not only granting all leaves as paid leave but also for compensating any loss of earning capacity, if applicable. If you have accidental insurance coverage for your employees and this particular employee is covered, please utilize that.
Please note that the employer is responsible for compensating the affected employee if the accident occurred during the course of employment, provided it was not due to the negligence of the aggrieved employee. You may refer to the Workmen's Compensation Act for further information on this matter.
Best wishes,
Sunil Joshi
PGCHRM - XLRI
From United States, Bedford
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Since the employee met with the accident while performing their duty, the liability lies with the employer for not only granting all leaves as paid leave but also for compensating any loss of earning capacity, if applicable. If you have accidental insurance coverage for your employees and this particular employee is covered, please utilize that.
Please note that the employer is responsible for compensating the affected employee if the accident occurred during the course of employment, provided it was not due to the negligence of the aggrieved employee. You may refer to the Workmen's Compensation Act for further information on this matter.
Best wishes,
Sunil Joshi
PGCHRM - XLRI
From United States, Bedford
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Hi Sonia,
Every company follows leave rules as per the Standing Orders Act; your company must also have a leave policy. You can refer to the Factory Act to find the solution.
Another thing, since the staff member has had an accident on duty, special medical leave can be granted to him based on the recommendation of the medical officer. That period will be treated as leave with salary.
If you have any doubts, feel free to contact me.
Regards,
Basant
From India
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Every company follows leave rules as per the Standing Orders Act; your company must also have a leave policy. You can refer to the Factory Act to find the solution.
Another thing, since the staff member has had an accident on duty, special medical leave can be granted to him based on the recommendation of the medical officer. That period will be treated as leave with salary.
If you have any doubts, feel free to contact me.
Regards,
Basant
From India
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