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As Mr. V.K. Gupta has rightly said the employee has not attended any single day and since his/her leave balance has been exhausted, he/she is not eligible for salary it will be LWP.
From India, Ahmadabad
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Dear Riya,

I hope the employee you have mentioned in your query has not had an accident on the company's premises; otherwise, all the replies given by the seniors will need to be altered. In my opinion, if the employee has a long association with the company and has proven to be an asset, you can ask him to join immediately and offer him some light duties that will benefit both the employee and the company. If the employee under discussion is rogue and not very useful to the company, you can charge sheet him for the unauthorized leave if your standing orders or company's policy permits.

BS Kalsi
Member since Aug 2011

From India, Mumbai
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Sir, If an employee is on leave due to accident then he is entitle for payment to the extent of sick leave/earned leave in his balance. Thereafter he should be treated on Leave Without Pay.
From India
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First of all tell me whether the employee was covered under ESIC or excluded from ESIC then only we can draw the conclusion. Thanks & Regards, From, Sumit Kumar Saxena
From India, Ghaziabad
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Hi Sir,

The employee is excluded from ESIC but covered under a mediclaim policy and personal accidental policy facilitated by the organization. At the time of the accident, he was not on duty; he met the accident on his weekly off day.

Regards,
Riya

From India, Delhi
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Hi Sir, He met the accident on weekly off day. Neither he was in the office premises or on duty. Regards, Riya
From India, Delhi
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In this case the employer is not liable to pay the salary, whole compansation should be shifted to insurance company. Thanks & Regards, From, Sumit Kumar Saxena
From India, Ghaziabad
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