Sick Leaves Are "leave With Pay" Or "leave Without Pay"

bidhancitehr
If someone goes for an operation and is hospitalized for a week, and the leaves are granted by the authority, then should these leaves be treated as "leave with pay" or "leave without pay"?
pulkit30
Hi, Bidhancitehr,

These sick leaves will be with pay if he is not a member of ESIC. If he is getting the facility from ESIC, then he has to sanction his leave from ESIC and go to the ESIC branch office for reimbursement. Make sure this benefit will be received one way: if he is a member of ESIC, ESIC will reimburse the amount; if he is not a member of ESIC, then the company will cover all the expenses.

Thanks & Regards,
Pulkit
alchemist_0303
Dude.

It mainly depends on the policy of the company, but by law, they are entitled to leave with pay and not leave without pay.

Enjoy. God bless you.
brijesh.deshmukh@rediffma
Hi,

It is on the basis of company policy. Generally, sick leave is a payable leave, and the policy is as Pulkit has explained above.

Regards,
Brijesh
Supriya_HR
Definitely, they are entitled to leave with pay. However, it also depends on the policy. If the employee does not have any sick leave balance, the management may decide to provide leave without pay or deduct from their earned leave balance. If there are no earned leaves remaining, the salary may be deducted.

Thank you.
bidhancitehr
Thanks to all of you.

Dear Mr. Khola, the Director (Admin.) has herself granted the leave without any remark of with or without. The application was simply for requesting sick leave.

Warm regards,

bidhancitehr
praful.jiwtode
In this case, can the authority deny sanctioning of leaves on medical grounds and treat leaves as unpaid?
rasoni20
Hi,

I believe it's the HR policy that determines whether an individual can receive one SL per month or two. Normally, they are accrued if there are no claims. If an employee can avail themselves of the same, then it gets deducted from their available quota, and after that, EL/PL can be utilized. Hence, it is 'leave with pay' until and unless your leave quota is balanced. After that, it is 'leave without pay'. In some organizations, advance leave can also be granted, but that depends purely on organizational policy or management decisions.

Your supervisor is the sanctioning authority; the deduction of types of leaves is something your HR manager can explain based on policy/quota availability.

Regards
chmahadevan
According to government rules, sick leave is granted subject to half pay. If an employee wants full pay, double the number of days are debited. In that case, the balance in sick leave will be reduced.

C.H. Mahadevan
reshma-s
It depends on the company policy. If sick leave is granted, then it is "leave with pay". If the person is an ESIC member, then he should follow the rules of the same and apply for it. Another point I would like to add is that it depends on how much leave that person has in balance.
arajiv1979
Hi, I don't know about government companies, but in private companies, management considers only a few sick leaves, maybe 8-10 days, but more than that is at the sole discretion of management.
praveen george
Dear Sir,

As far as my views go, sick leave is not covered under any law and is only provided by companies as a benefit for employees. All the leave we have is according to the section in the Factories Act 1948 that discusses annual leave with wages, which in common language we refer to as Earn Leave. A person is eligible for leave with pay only if they utilize this Earn Leave for any purpose, whether it be sickness, personal reasons, etc. This explanation is purely based on the law.

Apart from that, if a company wishes to extend an additional benefit to an employee by making sick leave a leave with pay, then that benefit becomes applicable. This will be clearly outlined in the company's HR policy or the Standing Orders of the company.
pushpendrasingh30
Hi,

Sick leave is a paid absence granted to employees when they are ill. It is usually provided if the employee has a sick leave balance in their account.

Regards,
Pushpendra
shahid.ali
Hello,

Sick leaves or medical leaves are based on the company policy. For example, the company has a policy where an employee is entitled to 10 days of sick leave for every completed year (leave with pay). If the employee exceeds this limit, it would result in leave without pay.

Regards,
Shahid
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute