In our orgn. an employee who is under ESIC when he avails of Sick leave even for a day it is considered as LWP reason that the days salary is to be recovered from the ESIC Dept. The employee receives only a part of the days salary after 4 months after several follow-ups. Is this right. Can you pl help me
From India, Mumbai
From India, Mumbai
Section 2(20) of the Act defines 'sickness' as "a condition which requires medical treatment and attendance and necessitates abstention from work on medical grounds".
So a condition which requires medical treatment and attendance alone but not abstention from work on medical grounds, and a condition which necessitates abstention from work on medical grounds but does not require medical treatment and attendance is not deemed "sickness" and sickness benefit is not payable.
ONLY 50% of salary, employee may get as a ESI compensation. And you cant mark him Lwp,if he get claim from ESIC, you should mark esic treatment for him.
Your org. smartly manipulating this definition. How much your company allow leaves and which kind of leaves your org is offering also establish rights of employees.
It may also depends on employee that at the time of treatment whether he use ESI medical aid or he use out side medical practitioner. If he select second option he may claim SL, and ESIC is not liable to pay sickness benefit
Manish Bali
From India, Delhi
38So a condition which requires medical treatment and attendance alone but not abstention from work on medical grounds, and a condition which necessitates abstention from work on medical grounds but does not require medical treatment and attendance is not deemed "sickness" and sickness benefit is not payable.
ONLY 50% of salary, employee may get as a ESI compensation. And you cant mark him Lwp,if he get claim from ESIC, you should mark esic treatment for him.
Your org. smartly manipulating this definition. How much your company allow leaves and which kind of leaves your org is offering also establish rights of employees.
It may also depends on employee that at the time of treatment whether he use ESI medical aid or he use out side medical practitioner. If he select second option he may claim SL, and ESIC is not liable to pay sickness benefit
Manish Bali
From India, Delhi
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