Navigating Medical Leave: How Should I Handle an Employee's Extended Absence?

Hi all,

I have an employee in Bombay who had a leg injury in June 2016. From then until now, he has been on medical leave. He only comes to work 2-3 days a week. Can I know what the employment act is like on this? Should I deduct his salary? Is there a hospitalization leave, and if so, how many days? How do I handle this? Can someone please help? Thanks.

Medical Leave Provisions Under Employment Acts

There is no medical leave provision under the Factories Act or the Shops and Commercial Establishments Act. However, if the latter Act applies to you, you can provide a maximum of 12 days of sick leave. Leave is not an automatic right for any employee. Therefore, if you suspect the legitimacy of the leave, do not approve it and instead deduct the salary.

None of the above applies if the injury occurred during employment. In such a situation, you must grant the employee paid leave until they are fit to return to work. Typically, the company will require the employee to obtain a medical certificate from the company medical officer in such cases.

Regards, Madhu.T.K