Understanding Sick Leave Laws: Can Employers Offer Only Annual Vacation Instead?

Hi,

Can anyone tell me what the labor law is for sick leave, please? Is it possible to only provide annual vacation and not sick leave to an employee?

Regards,
Simmi.

Dear Simmi,

Sick leave, the word itself, is quite clear. Sick leave has been provided under the Factories Act. The objective is quite clear. Sick leave is meant for bed rest or isolation during the recovery of an illness suffered by an employee. Hence, annual vacation has nothing to do with sick leave.

Whether to pay or not for sick leave depends upon the policy of the management. Employees covered under the ESI Act are compensated for the loss of wages by ESI authorities. Certain insurance policies offered by insurance companies and taken by employers also compensate employees for their loss of salary due to sickness.

I hope you now understand the objective of sick leave.

Regards

Dear Simmi,

First, let me tell you that there is no law that exists in India by which the management is bound to give sick leave.

Second, the mention of sick leave is there in Model Standing Orders under The Industrial Employment Standing Orders Act, 1948. Hence, if the Act is applicable to your organization, then you can refer to either the Model Standing Orders or your organization's Certified Standing Orders.

Even in the case of ESI, the ESIC pays for absence due to illness, and not the employer.

As for whether it is possible to give annual vacation in place of sick leave:

1. The two are different things, and since you are not bound to give sick leave, you need not think of it as an alternative to Annual Leave.

2. Your annual leave should be equal to or more than your statutory limit, i.e., Factories Act or Shops and Establishment Act, Plantation Labour Act as applicable.

If you maintain the above, you need not give separate sick leave unless there is a specific state rule to that effect.

Warm Regards,

SC

Please go through the Factories Act and Shops & Commercial Act of your state along with the rules made thereunder; you will be clear about the sick leave. There are statutory provisions for it.

Regards,
Arif

Hi Sarojwal,

I want to know the total number of sick leaves, earned leaves, and casual leaves that can be earned by an employee in a Pvt Ltd company in Delhi as per the Delhi Govt rules.

Thanks,

Sarojwal

Kindly tell me the norms of sick leave under the Plantation Labour Act. Can an employee avail of sick leave for the current year? Or is sick leave calculated based on the working days of the last year, meaning sick leave earned in the previous year (2012) is available in the year 2013?

Sick Leave in Tea Gardens

In Tea Gardens, an employee who works continuously for a year earns 14 days of sick leave. For example, an employee working continuously in 2012 earns 14 days of sick leave and can utilize it in 2013. However, can an employee in the middle of the year avail of the sick leave earned in 2013?

Kindly help me solve this problem.

Regards,
Kausik