I am having the following query.
In this case, one of our employees met with an accident while he was on duty. He was on leave for 15 days due to hospitalization. The company has paid all his medical bills.
Now, my query is, how to calculate his present working days when calculating salary. The employee is requesting full salary, but our director states that we cannot provide full salary as he was on leave and still under probation, thus not eligible for leave benefits.
Expecting advice from the experts.
From India
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1In this case, one of our employees met with an accident while he was on duty. He was on leave for 15 days due to hospitalization. The company has paid all his medical bills.
Now, my query is, how to calculate his present working days when calculating salary. The employee is requesting full salary, but our director states that we cannot provide full salary as he was on leave and still under probation, thus not eligible for leave benefits.
Expecting advice from the experts.
From India
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Hi,
Here, my advice is to let him enjoy all the leaves which have been accumulated on a pro rata basis. Also, however, the treatment and medical expenses have been reimbursed, so you can convince the employee to avail of what he has in his leave balance. If that particular employee is eligible for ESI benefits, let him apply for ESI leave for the medication period, in case he was treated by an ESI doctor/hospital.
Regards,
Ravichandra
From India, Hyderabad
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Here, my advice is to let him enjoy all the leaves which have been accumulated on a pro rata basis. Also, however, the treatment and medical expenses have been reimbursed, so you can convince the employee to avail of what he has in his leave balance. If that particular employee is eligible for ESI benefits, let him apply for ESI leave for the medication period, in case he was treated by an ESI doctor/hospital.
Regards,
Ravichandra
From India, Hyderabad
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Probation period has nothing to do with accident benefit. If he was under ESI, he can get treatment and disablement benefit from ESIC. Otherwise, if he is an 'employee' under EC Act, he is eligible for reimbursement of medical expenses and 25% salary for 15 days.
Email: varghese21283@gmail.com
Phone: 09961266966
From India, Thiruvananthapuram
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Email: varghese21283@gmail.com
Phone: 09961266966
From India, Thiruvananthapuram
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Dear Friend,
Irrespective of whether the employee comes under ESIC or not, if the employee meets with an accident while coming to duty, the company must bear the expenses for the treatment.
In your case, your organization can show flexibility by providing leaves to the injured employee.
In my opinion, you can suggest to your management that they allocate the employee 20 days of leave in advance with full salary. These 20 days can then be deducted from the next year's leave balance. For example, in January 2015, when the employee is given leave based on the previous year's workdays (let's assume 30 days), only 10 days will be credited (subtracting the 20 days allocated as advanced leave in 2014).
This flexible policy can help maintain a harmonious relationship between the employee and the employer, indirectly leading to increased commitment and loyalty from the employee towards the organization.
From India, Mumbai
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Irrespective of whether the employee comes under ESIC or not, if the employee meets with an accident while coming to duty, the company must bear the expenses for the treatment.
In your case, your organization can show flexibility by providing leaves to the injured employee.
In my opinion, you can suggest to your management that they allocate the employee 20 days of leave in advance with full salary. These 20 days can then be deducted from the next year's leave balance. For example, in January 2015, when the employee is given leave based on the previous year's workdays (let's assume 30 days), only 10 days will be credited (subtracting the 20 days allocated as advanced leave in 2014).
This flexible policy can help maintain a harmonious relationship between the employee and the employer, indirectly leading to increased commitment and loyalty from the employee towards the organization.
From India, Mumbai
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I endorse the view expressed by Mr. Chaturvedi. You can consider giving advance leave to cover his leave of absence from duty, and the leave advanced could be offset next year. Please inform this to the employee.
In our company, I have implemented this (even for personal reasons - like attending a marriage out of town) to our employees who do not have their leaves carried forward. In the above-cited situation, the case is very genuine, and the employee concerned was hospitalized due to an accident he met while on duty.
Thanks,
R. K. Nair
From India, Aizawl
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In our company, I have implemented this (even for personal reasons - like attending a marriage out of town) to our employees who do not have their leaves carried forward. In the above-cited situation, the case is very genuine, and the employee concerned was hospitalized due to an accident he met while on duty.
Thanks,
R. K. Nair
From India, Aizawl
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When an employee, whether a probationer or confirmed, meets with an accident, he is liable to enjoy all the benefits under the Workmen's Compensation Act, 1923, ESI, or any other applicable laws. The injured person should be granted Accident Leave until he reports for duty. If the accident leave exceeds more than three days, he shall be paid fifteen days' salary as compensation until he resumes work. In addition, he is also entitled to be reimbursed for all his medical bills, hospitalizations, medicines, etc. If there is any loss or permanent disablement of any part of the body, he should be paid compensation as stipulated in the Act. Such incidents should be reported to the authorities in writing.
No deviation should be made between probationer or confirmed employees. In the case of an accident, the employer is responsible for payment.
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels) Rtd
Labour Laws Consultant
From India, Bidar
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No deviation should be made between probationer or confirmed employees. In the case of an accident, the employer is responsible for payment.
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels) Rtd
Labour Laws Consultant
From India, Bidar
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What if any employee meets with an accident off the duty (on holiday) and not a beneficiary of ESI. He even does not have any mediclaim policy (neither of company or personal) and no leave balance.
From India, Pune
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From India, Pune
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If the employee is absent for temporary partial disablement, he will receive 25% of his wages for the first half of the month on the 16th day, and another 25% of his monthly wages for the second half of the month. Thus, if he is absent for 30 days, he will receive 50% of his monthly salary.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear friends,
The central issue here is whether the affected employee, being a probationer, could be sanctioned leave for the period of confinement due to the accident and paid leave salary. From the details given in the descriptive part of the question, it is clear that the mishap was an employment accident and because of which only the management had borne the entire expenses of the treatment. It is also not in dispute that the absence of the entire 15 days was the actual period of hospitalization for treating the injuries sustained in the employment accident. So let's forget about the applicability of either the ESI Act or the E.C Act to the establishment or the individual as the case may be as the issue is not at all connected with the compensation payable for the injuries sustained in the accident. When it is an admitted fact that the absence from work was due to hospitalization for the treatment of the injuries due to the employment accident, it is my considered opinion out of pure common sense that the absence should be treated as duty and he should be paid wages.
From India, Salem
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The central issue here is whether the affected employee, being a probationer, could be sanctioned leave for the period of confinement due to the accident and paid leave salary. From the details given in the descriptive part of the question, it is clear that the mishap was an employment accident and because of which only the management had borne the entire expenses of the treatment. It is also not in dispute that the absence of the entire 15 days was the actual period of hospitalization for treating the injuries sustained in the employment accident. So let's forget about the applicability of either the ESI Act or the E.C Act to the establishment or the individual as the case may be as the issue is not at all connected with the compensation payable for the injuries sustained in the accident. When it is an admitted fact that the absence from work was due to hospitalization for the treatment of the injuries due to the employment accident, it is my considered opinion out of pure common sense that the absence should be treated as duty and he should be paid wages.
From India, Salem
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Dear sir,
I agree that common sense and human decency demand that the employee be given full paid leave where he has been involved in an accident during the course of his employment. However, the law actually requires the employer to pay only 50% of wages during such a case. The law may be unfavorable in this case, but until it is changed, the employer is legally bound only to pay that. I too hope he will give full salary and not consider this as leave, but he is not required by law to do that.
From India, Mumbai
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I agree that common sense and human decency demand that the employee be given full paid leave where he has been involved in an accident during the course of his employment. However, the law actually requires the employer to pay only 50% of wages during such a case. The law may be unfavorable in this case, but until it is changed, the employer is legally bound only to pay that. I too hope he will give full salary and not consider this as leave, but he is not required by law to do that.
From India, Mumbai
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