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During Medical treatment under ESI, can employer terminate - CiteHR

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Anonymous
Pls help me to understand, any employee covered under ESI, how long employee can take the benefit of sickness from ESI & if employee not turn to work more than a year due to sickness, can employer terminate his employment on the ground of medical reason.

saswatabanerjee
2358

As long as he is sick and is under treatment from ESIC, you can not terminate him. His salary is being paid by ESIC, I assume. What is the specific reason you wish to terminate him?
From India, Mumbai
Anonymous
Noted, he is under bed rest since two years and recently got information that from few months he is not getting benefit from ESIC and no chance to recover, so in this situation, can employer end his employment contract?.. pls advice

saswatabanerjee
2358

If there is no chance for him to recover, under the standing orders, you can terminate him for absence on account of prolonged illness. But ensure you follow the rules.

He should be getting ESIC benefits.
As a matter of welfare measure, you should help him by checking with the ESIC to ensure he gets his dues. ESIC benefits continue till the person recovers, even if the payment of ESIC dues stops from the company due to absence.

From India, Mumbai
Anonymous
Noted, thank you for your valuable inputs... !!

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