Hi,
I wanted to know how does an insured person's family claim the ESI benefits in case the insured person is not staying with his/ her family.
Are they entitled to the benefits as long as they are in the same state or they can avail of the benefits as long as they are living anywhere in India where the ACT is applicable.
Also, in case of extended sickness of the ESI insured employee, how is the organisation supposed to account for the leaves in case the employee no longer has leaves to his/ her credit? does the organisation need to put it as unpaid leave or can ask the employee to resign for medical reasons( in case the leave required is for a very long duration)?
Rgds,
Saumya
From India, Madras
2I wanted to know how does an insured person's family claim the ESI benefits in case the insured person is not staying with his/ her family.
Are they entitled to the benefits as long as they are in the same state or they can avail of the benefits as long as they are living anywhere in India where the ACT is applicable.
Also, in case of extended sickness of the ESI insured employee, how is the organisation supposed to account for the leaves in case the employee no longer has leaves to his/ her credit? does the organisation need to put it as unpaid leave or can ask the employee to resign for medical reasons( in case the leave required is for a very long duration)?
Rgds,
Saumya
From India, Madras
For the family medical benefits are available through out India, irrespective of whether insured is staying with the family or not.
Any ESI leave is marked as ESI leave by the company and such leaves will be loss of pay only. The payment against such leaves will be given to the insured by the ESIC and hence the employer has nothing to do with it but put ESI leave (loss of pay) even if prolongs months. However, such leaves shall be counted as genuine leaves while calculating opr deciding gratuity, bonus, annual leave with wages eligibility. Never ask the employee to resign or terminate the employee while he is on ESI leave. This is against section 73 of the ESI Act which says that employer should not terminate services of an employee while he is in receipt of sickness benefit from the Corporation.
Regards,
Madhu.T.K
From India, Kannur
Any ESI leave is marked as ESI leave by the company and such leaves will be loss of pay only. The payment against such leaves will be given to the insured by the ESIC and hence the employer has nothing to do with it but put ESI leave (loss of pay) even if prolongs months. However, such leaves shall be counted as genuine leaves while calculating opr deciding gratuity, bonus, annual leave with wages eligibility. Never ask the employee to resign or terminate the employee while he is on ESI leave. This is against section 73 of the ESI Act which says that employer should not terminate services of an employee while he is in receipt of sickness benefit from the Corporation.
Regards,
Madhu.T.K
From India, Kannur
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