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Eligible for wages during sick leave?

Guest (Querist) 08 May 2014 This query is : Resolved 
Good Morning,

This is Neeharika,I am working for a Private Limited company.

Recently i have come across a question, One of our employee who is engaged in our factory has met with an accident. This accident is not at all related to his work and he met with an accident during a holiday. This employee is registered under ESI. Presently he is getting a compensation from ESI and he availed his sick leave.

Now my query is, Since he is getting a compensation ESI is company also need to pay wages to him during his leave? or there is no need for the company to pay any amount of wages since the employee/labour is getting insured amount as compensation from ESi?

Still we are paying the wages to the concerned labour, but we would like to know whether there is any provision in the Act where the company is not under obliugation to pay wages during the leave since he is getting insured amount as compensation from ESI?

Pl do let me know.

Thanks
Neeharika
Kumar Doab (Expert) 08 May 2014
Your establishment can approach labor law consultant for consultation with details of the matter.

ESIC provides for :Cash benefit to compensate his/her loss of wages during his abstention from work due to sickness including prolonged sickness, .......

ESIC also provides for : Sickness Benefit, Enhanced Sickness Benefit…………………..(unless if found eligible for it)


Sickness benefit: This benefit is available to the insured employee during sickness in the benefit period. The employee’s contribution should be not less than 78 days of the corresponding contribution period. Sickness benefit is not available for the first two days of sickness. The maximum period for which sickness benefit can be available is 91 days in one year.

You may also go thru:
Chapter VII : Sickness Benefit Law;


ESIS provides for : Social Security ………………… self-financing social security and health insurance scheme for Indian workers…………who earn less than Rs. 15,000 are covered under this scheme. The employees registered under ESIS are entitled to medical treatment for themselves and their dependants, unemployment cash benefit in certain contingencies …………………


Before you take a final call on the matter it shall be appropriate to consult your labor law consultant/legal cell.....and take the right decision to avoid any penalty.


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