Confused About Sick Leave Eligibility During Probation? Let's Clarify Together

I am working in the textile industry. I don't know the sick leave rules. I have observed that management has allotted sick leave to an employee who joined last year, i.e., on 01.06.2010, for a one-year probation period. His confirmation is on 31.05.2011. Our company rules state that sick leave will be allocated after the completion of the probation period, i.e., for the remaining months in the calendar year from 01.06.2011 to 31.12.2011. He is eligible for 3 days (2 months, 1 leave eligible). Can you clarify my doubts?

Regards,
Trinath

Please refer to your state's "THE - ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) rule; almost every state has one.

Secondly, if an employee is covered under the ESI Act, it is not mandatory to provide sick leave to them. However, the law does not prohibit anyone from providing the same even to those not covered under its purview.

Another point to consider is regarding the availing of sick leave during the probation period. For companies falling under the purview of the Factory Act, they cannot set clauses in their leave policy restricting employees from taking sick leave whenever they become ill and have accumulated sick leave in their balance, typically at a rate of 1 day in 42 days.

Regards,
Atul

Hi Atul,

Why is SL earned at a rate of one day in 42 days? There is no law that mentions such a provision for establishments (national and festival holidays and casual and sick leave). It is important to clarify the correct way or provide further explanation on this matter.

Thank you.