SICK LEAVE/ MEDICAL LEAVE:
Sick leave is the leave that an employee can avail in case of sickness of self or relative (as specified under law). Sick leave provides pay to employees when they are out of work due to illness. Most of the times the quantum of such leave is fixed by the company/organization in accordance with the State’s Shops and Establishment Act or any other law applicable to it, but then some legislations do contain specific provisions in this respect.11Sick leaves accumulated in a year can be carried forward and availed in the next year. The quantum of leaves that can be carried forward should commensurate to the one provided under the applicable law.
Apprentices Act, 1961
Section 15 (Rule 13)12
Any person appointed as an apprentice under the Act can avail medical leave for a maximum period of 15 days in a year and in case of accumulated leave up to 40 days in a year.
Plantation Labour Act, 1951
Section 3213
Employees covered under this Act are entitled to sick leave in accordance with the company policies.
Working Journalist and Other News Paper Employee’s (Conditions of Service) and Miscellaneous Provisions Act, 1955
Section 7 (Rule 28)14
These employees are eligible for one month medical leave for every 18 months of service rendered at half the wages.
Sales Promotion Employees (Conditions of Service) Act, 1976
Section 415
Any person covered under the Act can avail sick leave of not less than one-eighteenth of the service period at half the wages. This leave gets sanctioned only when medical certificate is presented.
Except for the workers covered under the Acts mentioned above, casual leaves are available as per the company policy. Next, for establishments not covered under the ESI Act, then workers get sick leave as per company policy or standing orders.