deepak_2006
8

Dear Seniors,
I am working in a manufacturing company as a HR. I got a case for claiming leave salary from ESIC. After accident case a worker was on the ESI leave for 1 month in November. We want to claim his leave salary from ESIC. What will be the procedure for claiming leave salary and what are the documents required for that? is it possible to claim his leave salary as this is a near about 6 months old matter ?
Please guide me on that and If this is possible, how can I calculate the total amount of leave salary?
Thank you.
Warm Regards
Deepak Agarwal

From India
Harsh Kumar Mehta
923

Sir,

There are so many important facts, which you have not disclosed in the thread started by you. It is not mentioned whether in respect of accident so occurred whether the principal employer has submitted any accident report to the appropriate branch office of ESIC. Whether the said accident occurred in the course and out of employment. Whether the said accident was admitted as that of employment injury by branch of ESIC.

Whether the so called worker/insured person in order to claim medical facilities visited and examined himself in his ESI dispensary or ESI Hospital. If so, whether the said ESI Institutions have issued any medical certificates in the matter. If so, the said worker/insured person can contact the appropriate branch office of ESIC for claiming benefits under said Act.

Under ESI Act, 1948, such benefits to be paid to covered employees are called cash benefit, medical benefit, temporary / permanent disablement benefit etc. and not "Leave Salary" as mentioned by you. The benefits, if due,are to be claimed by the concerned employee/insured person directly from ESIC and not by the employer.

I will suggest you to go through the procedure laid down in ESI Act, 1948 and rules/regulations framed thereunder. The Act and rules/regulations can also be downloaded from the website of ESIC.

From India, Noida
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