IS Issue Of Sick Leaves Mandatory In Indusries

Dear Seniors
Please help me out in this problem.Ours is a newly established factory and we need to configure the leaves for it.As part of this can any one please tell me as per factory's act & other act is it mandatory to give sick leaves to workers,If so plz guide me how many should be given as per act.Plz treat ths as important and guide me as early.

No it si not mandatory under Fcatories Act but you need to provide annual leave.However, if your factory is covered by the Standing orders Act and the stae model standing orders provide for sick leave, you may ahve to provide for the same in the standing orders of your factory.
B.Saikumar
HR & Labour Law Advsior
Mumabi

in factories act, in sec 79, its depicted only about annual leave ie 1 day leave for 20 days work..that also after u complete continuous service for 240 days in a year, then only you are eligible..
sick leave is not discussed in factories act..if your establishment have certified standing order , then u will have to follow leave structure as depicted and also if it is covered under shops and establishment act, then u will have to follow sick leaves , casual leaves earn leave as per your state shop n estblishmnt act...

We are under the wrong notion that we have powers / authority to sanction leave to an employee beyond what is permitted under the Factories Act / Shop Act or the Standing Orders / Agreement with Union or the Appointment order. If any employee requests for leave and he had already exhausted all his eligible leave and when the Management decides to permit his absence then he has to be marked as Authorised Absence ("AA") and in other cases he has to be treated as on Unauthorised Absence ("UA"). In case of absence on medical grounds and his absence could be permitted then the employee may be marked as Medical Absence ("MA") (This may be followed for absence with ESI certificates).

Helllo nanjunatraj
Does Factories Act or Shops Act prohibits employer to grant leave beyond what is provided under respective Acts and if so under what provisions of the respective Acts?
B.Saikumar
HR & Labour Law Advsior
Mumbai

Dear Mr Sai
Thanks for your immediate response. Acts does not prohibit the sanction but at the same time the employer cannot have the power to sanction "leave" beyond what is permitted as per the Acts. In case if the employer wants to have such right, the same could be atleast mentioned in the Standing orders / Appointment orders / Agreement with Union.

hi
you can pay sick leave for 7 days in a year. But if you covered under ESIC act then no need to pay.
Leave policy varied from company to company. You can provide leaves under factory act
1. One Earned leave for 20 working day each which is carry farward to next year.
2. Casual Leave for 7 days in a year which is lapse in a year what ever gain or not by employee.
3. Sick leave 7 days in a year ( Suppose if an employee is absent due to fever or disease then he/she should have to go for ESIC. They will pay him/.her leave with wages.

Dear nanjunatraj
The Acts still permit employer to provide for leave beyond the Act themmsleves.
B.Saikumar
HR & Labour Law advsior
Mumbai

Dear
As per the model standing orders, we may permit 10 days casual leave instead of 7 days. This is for your information only.
regards
Abubakkar