Hi, Sick leaves are included in Annual leaves for an employee in India. If an employee does not have balance in annual leaves. He is on sick leaves for 2 weeks. He provides medical certificate. These will be paid leaves or unpaid. Request you to share supporting document on that. Thanks
Please suggest.

From India, New Delhi
Dear Ms.Ronak Goyal,
Statutory Leave provisions in India are according to the different establishment-specific labor law applicable establishment-wise. For example the Factories Act,1948 provides for only one kind of leave viz., Annual Leave with Wages which is also commonly called as Earned Leave. This earned leave is admissible under almost all establishment -specific labor laws but there may be variance in their names and scales. The working Journalists& Other News Paper Employees Act,1958 provides for Leave on Medical Certificate on one-half of the wages for not less than 1/18th of the period of service whereas the same leave is provided for under the Shops and Establishments Acts as Sick Leave @ 12 days per calendar year which requires no medical certification. Whatever the name and scale of such leave, certainly it is a paid leave. The standards of statutory leave provisions are minimal only. An employer can provide for better terms if he desires and in highly unionized industries additional leave provisions could be out of collective bargaining agreements. Whatever leave taken by an employee over and above the limits thus prescribed, it has to be treated as leave on loss of pay only . Better you refer to the concerned law applicable to your establishment.

From India, Salem

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