Understanding Sick Leave Eligibility: How Do Different Acts Affect Your Rights?

Eligibility for Sick Leave Under Various Acts

As per the Factories Act, is an employee eligible for sick leave? If so, how many days are allowed within a year? If an employee is covered under the ESI Act, are they entitled to sick leave?

Similarly, if an employee is covered under the A.P. Shops and Establishment Act and is also covered under the ESI Act, are they eligible for sick leave?

I kindly request your valuable answers to my questions.

Regards,

If the employee is covered by ESI, he or she is not eligible for sick leave. This rule applies to both the Factory Act and the Shop & Establishment Act of any state.

Thanks,
Preeti Singh

It is not right to say that if an employee is covered under ESI, then they will not get sick leave. You have to move as per the provisions of the act.

Sick Leave Under the Factories Act

As per the Factories Act, there is no provision for sick leave; however, in a few states, factory rules have a description of sick leave. According to the Delhi Factory Rules, sick leaves are allowed. Therefore, you can refer to the AP Factory Rules; if it is mentioned there, then it will be given to all.

Sick Leave Under the AP Shops and Establishment Act

Now, you have raised a question about the AP Shops and Establishment Act. As per the said act, 12 days of sick leave are allowed in a year, and everyone is entitled to sick leave, whether they are covered under ESI or not.

Regards