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mamta kumari
7

When employer can ask to employees for medical certificate..if he is sick for one day or two days or more than three days? Do We have any notification to show to employer?
From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Rkn61
Sr. Hr Manager
Gannahope
Deputy Commissioner Of Labour..a.p.

rkn61
624

Medical Certificate for one-day sick leave
Usually, when a sick leave exceeds beyond two or three days, depending upon the company policy, employees are requested to submit a medical certificate to sanction the leave. However, in the case of one-day sick leave, an employer should not ask for a medical certificate.
In one of its judgements, the Supreme Court mentioned that an employee will not necessarily seek medical attention if he or she is ill for just a day.
You may devise your leave policy based on above.

From India, Aizawl
loginmiraclelogistics
1064

The SC judgement w.r.t. MC for Sick Leave is attached which is self explanatory.
From India, Bangalore

Attached Files (Download Requires Membership)
File Type: pdf MC for SICK LEAVE-SC Judgment-'The_Associated_Cement_Companies_..._vs_Cement_Workers_Kamdar_Unio.PDF (116.1 KB, 164 views)

gannahope
68

Ya
It is not necessary. If it is there surely it is a part and parcel of high handednature of the management and it leads to harrassment of working employees asking medical certificate for one to three days.
Every employee has protection from the labour laws if it is brought to the labourdept. No doubt one can't deny discharging duties for smooth running of an institution. But it doesn't mean suspecting a worker availed leave for 3days rarely..
Any employee can avail 15days of casual leave for his domestic works or fever or temporary ill ness. None can object or compel for M C unless wellbefore it is uniformly accepted by management and employees general Agreement.

From India, Nellore
sheetal-kamble
4

There is no minimum period of sick leave to ask for medical certificate
From India, Pune
loginmiraclelogistics
1064

Hi Mamta,

True, one or two days of sick leave doesn't require a MC. But there is more to look at your SLeave policy/SO rather than the legal requirement. As an employer/HOD I would have to discharge greater responsibility, to ensure the production or day-to-day operations doesn't suffer due to unsolicited & unplanned absence of key personnel from duty. While employees can have all the privileges & rights to avail leave at will as per statutory provisions, it goes without saying they will have greater responsibility as well that his/her unplanned leave doesn't suffer beyond manageable limits. Requirement of MC, reasonbly beyond 3 days, (good enough to care mild fever, cold, body ache or consultation with experts/lab tests etc. such reasons common though) has to be ensured in order to curb misuse of emergent provisions available on health grounds. While saying so if the extant rules/SO permits SL without MC I have nothing to say.

From India, Bangalore
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