Dear Members,
Kindly advise whether an employee can be promoted during ESI Leaves. What If after that he salary exceeds esi limits? can he continue to avail esi leaves? Kindly advise whether there could be any legal ramifications for the same.
Thanks & Regards
C.M.Mohla
From India, Delhi
14Kindly advise whether an employee can be promoted during ESI Leaves. What If after that he salary exceeds esi limits? can he continue to avail esi leaves? Kindly advise whether there could be any legal ramifications for the same.
Thanks & Regards
C.M.Mohla
From India, Delhi
There is nothing wrong in promoting an employee while on leave. In the case of accelerated pay scales, the increment comes automatically and is given to persons on leave also unless otherwise agreed upon at the time of granting leave. In the case of ESI leave there will not be any condition for granting leave and therefore, there should not be any confusion regarding granting increment. However, in other cases, where the increment or promotion is declared following a procedure of appraisal etc, then the management can hold it till he resumes work.
If due to increment his salary exceeds the limit (15000 as of now) then he will be still under coverage till the end of the contribution period. That means if you are giving a hike now, he will remain under ESI till 31st March 2014. From April 2014 onwards he will become out of cover subject to the salary limit at that time. An employee who become out of cover is eligible to get medical benefits till the end of the next benefit period. Similarly, an employee who is getting medical treatment for a particular disease will continue to get the benefit till the ailment exists.
Madhu.T.K
From India, Kannur
If due to increment his salary exceeds the limit (15000 as of now) then he will be still under coverage till the end of the contribution period. That means if you are giving a hike now, he will remain under ESI till 31st March 2014. From April 2014 onwards he will become out of cover subject to the salary limit at that time. An employee who become out of cover is eligible to get medical benefits till the end of the next benefit period. Similarly, an employee who is getting medical treatment for a particular disease will continue to get the benefit till the ailment exists.
Madhu.T.K
From India, Kannur
Greetings Mohla,
In my opinion Mr.Madhu has given a comprehensive reply.
ESI leave is an unforeseen development and you will appreciate that increments/ promotions are given for past performance. However, a word of caution, some employees misuse ESI leave. In such cases you may have to ascertain his past records and then arrive at a decision.
As regards ESI coverage and benefits Mr.Madhu's reply is self explanatory
From India, Madras
In my opinion Mr.Madhu has given a comprehensive reply.
ESI leave is an unforeseen development and you will appreciate that increments/ promotions are given for past performance. However, a word of caution, some employees misuse ESI leave. In such cases you may have to ascertain his past records and then arrive at a decision.
As regards ESI coverage and benefits Mr.Madhu's reply is self explanatory
From India, Madras
Dear Mr. Kannan,
Kindly advise whether he will continue to avail esi leaves on basis of his ailment even after the end of contribution period i.e. even after april (in case his salary increases above 15k gross as per the current assigned limit).
Thanks & Regards
C.M.Mohla
From India, Delhi
Kindly advise whether he will continue to avail esi leaves on basis of his ailment even after the end of contribution period i.e. even after april (in case his salary increases above 15k gross as per the current assigned limit).
Thanks & Regards
C.M.Mohla
From India, Delhi
Dear All,
Thanks for your earnest responses.On basis of your responses it is clear that he will continue to enjoy esi benefits & leaves till end of current contribution period. I would just like to know one last thing here, in case the employees comes out of esi ceiling, does his ailment will be continued to be treated by esi i.e can he continue to enjoy esi benefits, including esi leave & medical benefit even after the completion of current contribution period till his ailment exist? Kindly advise
Thanks & Regards
Chander Mohan Mohla
From India, Delhi
Thanks for your earnest responses.On basis of your responses it is clear that he will continue to enjoy esi benefits & leaves till end of current contribution period. I would just like to know one last thing here, in case the employees comes out of esi ceiling, does his ailment will be continued to be treated by esi i.e can he continue to enjoy esi benefits, including esi leave & medical benefit even after the completion of current contribution period till his ailment exist? Kindly advise
Thanks & Regards
Chander Mohan Mohla
From India, Delhi
Sir(s),
In the case cited above, the Insured Person(employee) will be entitled for treatment and medical facilities only till the spell of sickness (for which he is being treated) ends. However, there are also some cases of such medical benefit entitlement as laid down under section 56(3) ( cases of maternity benefit and disablement) of ESI Act. In addition to above under Regulation 103A(2) of the ESI (General) Regulations, 1950 in respect of certain specified long term diseases, the insured person is also entitled for medical benefit (Extended Sickness Benefit) subject to his eligibility as laid down in said Regulations.
It will be more better if the insured person/employee, may visit appropriate Branch Office of ESIC and get full information about his entitlement of Cash Benefit,Extended Sickness Benefit and as well as entitlement to medical benefit based on the eligibility conditions laid down in said Act/Rules/Regulations.
With reference to remarks of one of member as above, I understand that the Benefit Period corresponding to the Contribution Period ending as on 31/03/2014 will commence w.e.f. 01/07/2014 and will close as on 31/12/2014 (Ref. Regulation 4 of ESI (General ) Regulations,1950).
I hope members will correct me if I have submitted any erroneous position in above remarks.
From India, Noida
In the case cited above, the Insured Person(employee) will be entitled for treatment and medical facilities only till the spell of sickness (for which he is being treated) ends. However, there are also some cases of such medical benefit entitlement as laid down under section 56(3) ( cases of maternity benefit and disablement) of ESI Act. In addition to above under Regulation 103A(2) of the ESI (General) Regulations, 1950 in respect of certain specified long term diseases, the insured person is also entitled for medical benefit (Extended Sickness Benefit) subject to his eligibility as laid down in said Regulations.
It will be more better if the insured person/employee, may visit appropriate Branch Office of ESIC and get full information about his entitlement of Cash Benefit,Extended Sickness Benefit and as well as entitlement to medical benefit based on the eligibility conditions laid down in said Act/Rules/Regulations.
With reference to remarks of one of member as above, I understand that the Benefit Period corresponding to the Contribution Period ending as on 31/03/2014 will commence w.e.f. 01/07/2014 and will close as on 31/12/2014 (Ref. Regulation 4 of ESI (General ) Regulations,1950).
I hope members will correct me if I have submitted any erroneous position in above remarks.
From India, Noida
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