PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Partner - Risk Management
Doctor Siva Global Hr
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'Leave' is a statutory benefit of employment conferred on employees to be occasionally away from work with the previous sanction of the employer with/without salary while their employment relation is intact. However, 'Leave' has been classified into different kinds like Casual Leave, Sick Leave, Earned Leave, Maternity Leave, Study Leave, Quarantine Leave and so on depending on the purpose as well as the duration of such authorized absence. Apart from weekly off and other holidays, leave and its scale and kinds are the the subject-matters of the establishment-specific labor law applicable or the service regulations of the particular establishment concerned.
Strictly speaking, availing a particular type of leave is the choice of the employee depending on its purpose. CL is to be availed on unexpected and/or urgent situations requiring absence of one or two days, SL is to be availed on sudden temporary illness of the employee himself which requires immediate medical treatment coupled with some hours of rest and EL has to be availed for certain preplanned purpose requiring relatively longer duration of authorized absence. In the back drop of the above explanation, if a sudden sickness of some one in the family of the employee requires his assistance, he can avail of his CL rather than SL and if it is a case of longer duration of treatment, he can avail of his EL by applying in advance.
Your answer to the question seems correct to me for the status of the employee whether a probationer or confirmed does not come in the way of availing leave if he has sufficient credit in his leave account. In the case of newly joined employees, pro rata sanction of leave is a matter of discretion of the employer as per the Leave Policy of the organization.
From India, Salem
4sujikthank you sir for your immediate reply.
From Oman, Muscat
saswatabanerjeeAny employee who is sick can apply for sick leave, if the company has a sick leave policy.
In case it is a factory not covered under Standing Orders, they only have 1 type of leave.
Please also remember that most companies allow sick leave if you are sick for 3 or more days and need a doctor's certificate.
It does not apply to someone who is sick.
Also, as per law leave is credited after you finish working for a year.
From India, Mumbai
Thanks to our Colleagues who had given very clear response to the question on Sick Leave. In addition to this kindly consider the below point also:
SICK LEAVE arise broadly from 3 sources.
1) If the employee is covered under ESI then there is a provision on SICKNESS BENEFIT
on which the SICK LEAVE IS NOT LEAVE OF EARNINNG but ESIC provides 70% of average daily wages in cash during medical leave, upto 91 days in two consecutive benefit periods. This Sick leave can be availed if the ESI Medical Officer examines the Insured person and extends the benefit with leave to such Employee.
2) The Sick Leave arising from Statute like for example in Tamil Nadu under the Provisions of Tamil Nadu Shops and Establishments Act Section 25. under Holidays and sick leave-- (1) Every person employed in any establishment shall be entitled, after twelve months’ continuous service, to holidays with wages for a period of 12 days, in the subsequent period of twelve months
3) The third aspect is the Sick Leave arising from Terms of Employment by way of Standing Orders or Appointment Terms. If the policy or standing order or terms of employment says normally 12 days of sick leave in a year in private organizations permitted in general
Hence depending on the applicability, the view and stand has to be taken accordingly
From India, Chennai