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Dear All, Good Noon. hope all are fine.

Please note that our two workers in the stitching department not coming to work from December 2021, as both are faced with a major surgery and are now at rest (as per their statement). One worker had applied for esi leave up to 20 December 2021, and after that, he did not renew yet. Another worker never applied for ESI leave from December to till date. So, We sent a warning letter for long absenteeism to both workers, and one replied with a letter that she is at rest and will resume to work in June 2022. Another one not replied.

Please advice Whether it is permissible to stay away from work without any medical proof for long periods of time for such medical treatment.

Also please advise whether to demand them to resign or keep them in as it is.

Regards,
Manu

From India, Bengaluru
Two of your employees on long absence; I presume they are covered under ESI. You may write to ESI Local office and the ESI Hospital concerned / assigned, asking for the present condition of the employees and request them to certify the present health position and the probable date of resumption for work ‘Fitness certificate’ or conditional fitness certificate

Copies of the above letter also, may be marked to the workmen, concerned, by registered post, and direct them to report to ESI Doctor / Local Office for review of the sickness certificates issued.
Another probability is that the workmen may submit a Private Doctor’s certificate, for continuance of sick leave, as soon as they receive your letter. However you may direct the workmen in writing to report before ESI penal for review of further sickness certificate or fitness certificate, with copies to ESI Doctor / Local Office concerned.

You may also contact to ESI Doctor / Local Office concerned, directly, to issue notice to the workmen to report for medical examination / fitness certificate.
Based on the certificate you may proceed on your action

From India, Madras
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