Understanding Paid Sick Leave: Should We Pay an Employee on 8-Day Sick Leave?

Hi all, may I know who is eligible for paid sick leave? A person's salary is 30k, and he is on sick leave for 8 days. He asked me to pay for that period. Should we pay him?

Leave Entitlements for Employees

Leave is applicable to every employee irrespective of their salary or role. You have to follow the leave rules as per your state regulations in this regard. If the Factories Act applies to you, then there is no sick leave under the Act; only earned leave is available. An employee can take the leave earned by them in the preceding year.

If your workplace is not a factory but a commercial establishment, the state Shops and Commercial Establishments Act specifies different kinds of leaves. Under the Kerala Act, there is a provision for 12 days of sick leave. This is in addition to 12 casual leaves and 12 earned leaves. Similar provisions are available in other states as well. These entitlements should be provided to employees.

Thank you, sir, but I am not aware of the sick leave procedure. Who is eligible for this? If an employee is on sick leave for 8 days, should an employer pay for them?

You did not tell us whether yours is a factory or commercial establishment. The leave as per these Acts differs. If you belong to a category of establishment to which sick leave is admissible as per the relevant Act, you should give sick leave. The Act will state how many sick leaves are available every year. You have not mentioned in which you operate. Please post these details so that we can help you.

Sir,

My company comes under the purview of the AP Shops and Establishment Act. As per Section 30.5(a), 12 sick leaves are to be provided.

Yes, now you know what all types of leaves are to be given. Since the Act states that you have to provide 12 days of sick leave, you must grant it.

Sir,

A person is on 8 days of sick leave, and his salary is above 20k. He received treatment at the ESI Hospital. Should we pay his salary for those 8 days?

Sir,

A person is on 8 days of sick leave, and his salary is 20k. He received treatment at the ESI hospital. Should we pay his salary for those 8 days?

If that person is an ESI-covered employee and he submits a sickness report, then he will receive sickness benefits in cash from the ESIC. In such cases, you need not pay for these 8 days.

Okay, sir. So sick leave is not for employees who are not covered under the ESI Act, am I right, sir?

Sick leave can be extended to employees who are outside the purview of the ESI Act. For those who are covered under ESI, they will benefit from ESI.

I didn't say that sick leave is not for employees who are not under ESI only, but if your Shops Act states that an employee is entitled to 12 days of sick leave, that applies to employees covered under ESI as well.

For example, an employee falls sick while on vacation and cannot be admitted to an ESI hospital due to various reasons but undergoes treatment at a private hospital. In this circumstance, he can take sick leave even though he is covered under ESI. If he submits a sickness report from ESIC, it will be considered as ESI leave for which we will not provide salary, but ESIC will compensate for it. If he does not submit the sickness report but provides a medical certificate from a different medical practitioner, then he will be granted sick leave.

Sir,

Then, what is paid sick leave? I thought paid sick leave means the employer gives a salary to the employee for the sick period.

Thank you.

Paid sick leave? Yes, it should be paid. If a sickness report is received from the ESIC, then the employer need not pay for it; it will be covered by the ESIC. If not, the employer should pay for the period of absence due to sickness.

Sir,

My company falls under the AP Shops and Establishment Act, and the management has agreed to provide 12 paid CL, 7 paid SL per annum, and 7 special casual leaves (once during his entire service) but has not agreed to grant privilege leaves.

Is it possible to implement such a leave policy? Please advise me on this matter.