Sick Leave Confusion: What's the Minimum Number of Days You Can Take?

Dear friends, can anyone tell me about the minimum number of days for taking sick leave? Is it 0.5 day, 1 day, or 3 days minimum?

Thanks,

Regards

I am sorry, but I am not understanding. As an employee, can I take 0.5 days of sick leave if I have 2 days of sick leave in my leave balance?

Thank you.

Regards,
C.D. Prakash

Dear Sandip, As Mr. Khola has mentioned, leave is a very vast chapter, and it is challenging to provide an answer without knowing the specific details. Under the Shop and Establishment Act, all state governments have separate leave provisions, and the Factories Act also has its own separate leave provisions. Therefore, please make your query more specific.

Thank you.

There is no provision for SL under the Factories Act. A half-day SL can be applied if your company/establishment has a provision for SL. However, it again depends upon the leave policy of your company. If the policy does not permit half-day SL, then you have to follow it.

Regards,
M.V. KANNAN

Dear Prakesh,

SL is also called medical leave, which is Sick Leave (SL) allowance is 8 days upon your completion of 1 year from the date you joined as eligible. This follows the policy of some companies. Before you submit a medical slip and leave letter, the company will accept them.

Sick Leave (SL) or Maternity Leave (ML) - 8 days
Casual Leave (CL) - 7 days
Earned Leave (EL) - 15 days or 20 days with one day's pay as allowance once earned

By,
Sekar
9095877902

Sick Leave Benefit

Dear all,

I want your valuable opinions on a rather emotive topic - sick leave.

The labor law mentions that an employee who takes sick leave for more than 2 continuous days will have to produce a medical certificate to avail sick leave.

However, many companies have different versions of this benefit. I understand that the law is the minimum standard, and companies are free to customize benefits to suit their industries.

My question is...how much is too much? Where should the line be drawn? In a country like the UAE where trade unions do not exist, and the interests of employers are safeguarded more than those of employees, would the employer not infringe on the rights of employees by setting policies that are not employee-friendly?

If an employer makes it mandatory for all employees taking sick leave (even one day) to furnish a medical certificate, would it not be infringing on employee rights? Can an employee not take a sick day if he/she is not up to it that day without having to visit the doctor? With increasing costs, does it make any sense for a person to visit the doctor for a common cold and a flu?

It would be great if we could discuss this and get our ideas out.

Waiting to read your opinions.

With regards,
Rupali

In reply to your message, I would say that I agree because no one can judge which company you work for or what laws your company abides by during sick leaves, as well as the country you are working from. Therefore, this would have to include both the location and the rules abiding by that country.

I think in the US, if you are working for six months, then the leave is for five days or so, but then again, it depends on what sick leave or medical leave you are requesting.

There is no specific act relating to the eligibility of sick leave. It depends and varies from company to company. To know the eligibility of sick leave in your company, you may look into the company's standing order and proceed.

Regards,
R. Devarajan

Answer to your query is very simple:

- Sick Leave or Medical Leave can be for 0.5 day to any number of days.
- One may need a 0.5-day leave for petty sickness like a headache or just to visit a doctor or dentist. A sickness, depending upon its nature, can even last for months.
But one can avail SL / ML subject to availability of balance and subject to applicable rules.
- To conclude, SL / ML can be of any duration from 0.5 day to many months.

Dear Pals,

Leave earned under the Factories Act can also be availed for medical reasons. A minimum of three days of leave is normally allowed, but the number of times it can be availed is also restricted in a year, unless there is an agreement with unions and prior sanction from the leave sanctioning authority.

Sick leave is not mandatory in factories mainly because they are adequately covered under the ESI Act.

If sick leave is granted for those who are not covered under ESI or by virtue of union agreements or covered under the Shops and Commercial Establishments Act, under the caption sick leave or casual leave, as the case may be, the minimum leave is half a day. If sick leave is availed for more than two days at a time, many companies stipulate obtaining a medical certificate from a doctor approved by the company. This is to prevent misuse and ensure the normal functioning of the establishment without unauthorized and unexpected absences from duty.

In many companies, sick leave/casual leave will lapse if not utilized in a financial year, and they do not allow encashment of unused leave, except in certain circumstances.

This pattern is typically followed in many organizations.

Thanks,

HC. Subbaramu

HR and Labour Law Consultant

Bangalore.

Dear,

Sick leave can be taken even for half a day. There is no hard and fast rule that this leave can be applied for only when it exceeds a certain number of days.

Different companies follow different rules and eligibility with respect to dealing with sick leave. In our company, we do not grant sick leave to those who are covered under the ESI Act.

We insist that those who take sick leave for 3 days and above produce a medical certificate, and this requirement has been clearly defined in our certified standing order.

However, the Tamil Nadu Shops and Establishments Act states that the employer must provide 12 days of CL and 12 days of SL. This sick leave need not be automatically credited to their account. Only in the event of an emergency arising where an employee has to go on leave due to sickness, the employer is then required to grant sick leave for up to 12 days (granting more than this is at the employer's discretion). The employer also has the right to request a medical certificate or any other credentials to verify the genuineness of the claim.

Ultimately, the provisions regarding sick leave vary from company to company and depend on the applicable Act.

Thanks,

V. Balaji