Nagarkar Vinayak L
Hr And Employee Relations Consultant
KK!HR
Management Consultancy

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Dear Sir , I would like to know at Legal Aspect, After how many days of leave employee have to submit medical reports to management. .
From India, Delhi
It actually depends upon the Company Policy. Some Company hold that for 3 days above sickness, the employee need to submit medical report whereas some hold for 1 day sickness also the employee need to submit a medical report!
An employee will be marked sick leave, if he/she is able to produce medical documents else the leave balance may get deducted from other types of leaves be it 'Privilege' or 'Casual' leaves.

From India, Kolkata
Thanks for the information !! But if the company is not having any policy for this and wants to implement new one then legally (as per law) what should we used to follow ??
From India, Delhi
Dear Anjali,
Such company needs to design a leave policy (especially sick leave policy) legally the guidelines are set in Factories rules and Shops & Establishment rules.
Go through those enactments of your respective state (go by your kind of establishment).

From India, Hyderabad
There is no statutory provision defining the minimum number of days of absence above which require medical certificate. However as a matter of principle, if we say leave for sickness then medical certificate is needed, indicating the nature of sickness, likely time period for recovery and later a fitness report. But sickness is to be distinguished from being unwell due to upset stomach or head ache, body ache etc for which the remedy is rest for a max. of couple of days and it does not require any medical certificate and you may not insist for one. So, as a general principle, the management shall decide the limit of min. number of days of absence for which medical certificate is not needed. (Say a max of two days continuous absence).Generally, most organisations have kept the rule that 2/3 days absence does not require medical certificate.
From India, Mumbai
Thanks ! ! It means above 3 days continuous absence required Medical certificates.
From India, Delhi
Dear Anjali,
There is no law governing number of sick leave to be given as well as after how many days ' sickness necessary for producing medical certificate. General practice largely is for absence due to sickness for two or more days, medical certificate is required.
You may follow this , but it is better you put leave policy in place soon.
Regards,
Vinayak Nagarkar
HR-Consultant

From India, Mumbai
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