Who is eligible for paid sick leave? Should we pay him? - CiteHR
Industrial Relations And Labour Laws
Asso.prof.(commerce & Management) Pg
Hr Manager
Hr Executive

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Hi all, may I know, who is eligible for paid sick leave. A person salary is 30k and he is on sick leave for 8 days.
He asked me to pay for that period. Should we pay him?

Leave is applicable to every employee irrespective of his salary or role. You have to follow the leave rules as per your state rules in this regard. If Factories Act is applicable to you, then there is no sick leave under the Act but only earned leaves is available. He can take the leave earned by him in the preceding year.In case yours is not a factory but is a commercial establishment, the state Shops and Commercial Establishments Act speaks about different kinds of leaves. Under Kerala Act there is a provision for 12 days' sick leave. This is in addition to 12 Casual leaves and 12 earned leaves. similar provisions are available in other states also. That should be given.
Thank you sir,
But I am not aware of sick leave procedure.
Who is eligible for this.
If an employee is in sick leave for 8 days, should an employer pay for him.?

You did not tell us whether yours is a factory or commercial establishment. The leave as per these Acts differ. If you belong to a category of establishment to which sick leave is admissible as per relevant Act, you should give sick leave. The Act will say how many sick leave is available every year. You have not mentioned in which you operate. Please post these details so that we can help you.
My company comes under preview of AP shops and establishment act.
As per section 30.5(a) , 12 sick leaves to be provided.

Yes,now you know what all types of leaves are to be given. since the Act says that you have to give 12 days sick leave,you have to give it. Grant it.
A person is in 8 days sick leave and his salary is above 20k.
He had treatment in esi hospital.
Should we pay his salary for those 8 days.?

A person is in 8 days sick leave and his salary is 20k.
He had treatment in esi hospital.
Should we pay his salary for those 8 day

If that person is ESI covered employee and he submits sickness report then he will get sickness benefit in cash from the ESIC. In such cases you need not pay for these 8 days.
OK sir. So sick leave is not for employees who is not covered under esi act ,am I right sir?

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