New Employee Sick Leave Rights

Hi wonderful minds,

I have a situation:
Employee x was employed 4 days ago, and an accident happened on his way coming to work. He had surgery where the cost was shouldered by company insurance.

Now, he is asking for 6 months leave and he wants his monthly salary paid…

How will you decide on this?

Thank you for your replies.


Sorry, unable to give a recommendation in a single sentence as this is a complex situation.

Deciding on your employee’s request for a 6-month leave with monthly salary payments after an accident and surgery should involve a careful assessment of various factors, including appointment letter terms, company policies, legal obligations, and the employee’s specific circumstances. Ultimately, the decision should be made with empathy and a focus on balancing the employee’s needs with the company’s obligations and operational requirements.

  1. Most companies have established guidelines for similar situations, including the duration and conditions under which employees can take extended leaves.
    Check your leave policy and see what is in it.

  2. Have a conversation with your employee to understand the situation better. Ask for medical documentation to verify the need for the extended leave. Discuss their expectations regarding salary payments during the leave.

  3. Examine the medical records and doctor’s recommendations to determine the severity of Employee’s condition and whether a 6-month leave is medically necessary. Consult with your company’s medical advisor if necessary.

  4. Consider labor laws and regulations that may apply to the situation. Recommend to take expert advise.

  5. Not clear from your statement whether the employee is covered in corporate insurance policy or not. Verify the terms of the company’s insurance policy that covered the surgery. Determine whether the policy covers any provisions related to salary/assistance continuation during leave due to accidents or medical procedures.

  6. Explore the possibility of offering the employee, alternative work arrangements, such as part-time work or remote work, if he/she is capable of performing some job duties while recovering.

  7. Evaluate how the employee’s extended absence will affect the team and the company’s operations. Consider whether temporary staffing or workload redistribution is necessary.

  8. Documentation. Ensure that the decision is documented and communicated clearly to the employee, irrespective of the decision - go on unpaid leave/sabbatical/exit.

  9. If there are complex legal or contractual issues surrounding this case, it may be advisable to seek legal counsel to ensure that your decisions align with legal requirements and protect the company’s interests.


Hi Ludy,
Hope you are doing well.

  • Employee x was employed 4 days ago, and an accident happened on his way coming to work. He had surgery where the cost was shouldered by company insurance.
    Ans : If he met with an accident that accident would be taken as accident not during the course of employment according to The Employee’s State Insurance Act,1948.
    If Accident occurred on company’s premises than company is responsible for making sure that the employee receives medical treatment.

  • he is asking for 6 months leave and he wants his monthly salary paid…
    Ans : No he is not eligible to get salary or leave. If management decide than we can give him 2 or 3 days paid leaves from company side.

I hope my answer will help you to make a best decision.



thank you @Sree and @Heena


If he insist on taking a leave can it be a ground for his termination?


Hey Ludy,

I agree with what @Sree and @Heena has shared above. But my point is more on humanitarian ground. Just imagine anyone from our families can face this kind of an incident where he/she is injured and not able to manage work. At that point if the company doesn’t take care of his requests/needs then the employee loose the confidence and trust with the company.

I am sure he/she must be very worried about the healing time and during that point how they could manage their expense and family. So instead of looking for termination/declining the request, the company and the employee can come to a common ground and find a solution which suits both the parties. Everything doesn’t have to be as per policies and guidelines. There are somethings which a company can do over and above them. Check whether he/she can do some work which doesn’t require travelling or can be managed from WFH.

Hope this helps.




Really in such situation, we, HR Persons, have to think the matter from different perspective. I would like to put my opinion as follows;

  1. Whether employee was given Paid leaves for six months or not depends on the HR policy of the company. If employees has met with accident in the course of executing official work/duty or on the way to office or out from office to home then definitely, he should be given Medical Leaves as per the policy of the company. Tenure of medical leave will depend on the remarks by the Company Doctor to find the condition.
  2. If employee had been registered under the group insurance then insurance company will pay the charges incurred by the employee on his treatment.
  3. Processing should be based on complete check of each and every aspect because now a days so many malpractices are being done by employees.
  4. No company will wait for such a long period without appointing new employee on adhoc basis to fill the gap . So you may appoint new employee for a short term basis for the period on which the new employee will be on Medical Leave.

Please read first line as …should be given…


Hi Priya,
Agreed. But if management makes a decision in favor of that employee then in the future if the same incident happens with another employee then the rule should be applicable to another employee as well because this type of situation is uncertain and we can’t predict. So if the company takes a decision then it should be applicable to all.



I agree that there has to be parity. But these circumstances are not that happens every day. So, making exceptions in serious accident cases should not be a big concern. One of our colleague went through a similar situation and my company gave him all sorts of options, whether medical insurance, monthly pay and leave support.



You can convince him for resignation with the promise that if there will be any vacancy we will consider you. If you will recover you can again apply in our company. We will give you first preference as our loyal and sincere employee.


@anshu all I can say everything is depend on company’s management.


Hey Ludy,
This is really a typical kind of situation to consider employer prospective and humanitarian grounds!

I agree with Sree & Priya.

If the Employee not under ESI and covered under Medical Insurance and within 4days of his joining there was an Insurance claim! As per my knowledge in the Insurance terms & conditions whether Accidental policy / Group Mediclaim, there will be a provision of salary payable to employee by Insurance company depending upon the major/minor surgery during his leave.

Since the working period is only 4days, I don’t think he will have any kind of leaves. You have to verify whether 6months rest is really needed with your company’s doctor. If that is required and there is a possibility of WFH after 15-20days, you can consider.
But everything should be mutually agreed with a legal advisor to avoid any legal issues in future as every one will not think the same.

Here I would like to share my experience: Last year one of our employee met with accident at home(fell from stairs) before office hours. His leg was fractured and advised for 6moths rest to recover totally as there was a surgery happened. Even that employee joined 15days ago to that situation, he was covered under company’s medical Insurance & benefits. There is no WFH possibility to him and we hold his employment until 6months(without salary) and after completion of his medical leave the day he has to report to office, he submitted his resignation!

So the considerations will vary from company to company and depends on Management decision and employee’s prospective also.



This is a unique situation and am glad the employee was onboard with medical insurance. It is a good but right gesture on the part of the management to recommend his medical expenses. However, the legal position is that the employee has not completed 240 days to claim permanency and therefore consequential benefits. The company can call him back after his medical treatment if fit to join duty.