Is It Fair for a Company to Demand a Medical Certificate for a Single Sick Day? Seeking Clarity on Labor Laws

I have one query regarding sick leave. One person in my reference had availed sick leave for 1 day. The day prior to his leave was Ganesh Chaturthi, i.e., 9th Sep 2021, and the day after his leave day was the weekly off, i.e., Sunday (12th Sep 21). The company is now asking for a medical certificate. As per my experience in HR and knowledge, if an employee has availed sick leave for more than 2 days, then and only then should he/she submit a medical certificate to the company.

In this case, the employee had availed sick leave only for 1 day. Should the employee submit the medical certificate? Also, the company is stating that the weekly off, i.e., Sunday, will now also be counted/considered as sick leave (SL). The company is in the Manufacturing sector, and the employee has been with the company for more than 30 years, not as a fresher. The employee holds the position of Production Supervisor.

Can anyone help me with the exact rules and clauses as per labor laws?

There is no provision for sick leave under the Factories Act, 1948; the sick leave may be under the certified standing orders of the factory or under the leave regulations of the company. Therefore, you have to find the answer to your query from the leave rules of your company.

Dear Poorva Joshi,

The incident highlights a few things and also raises a few questions. My comments are as below:

a) A long-serving employee availed sick leave on 9th Aug 2021 (Thu). 10th Aug 2021 was a closed holiday on account of Ganesh Chaturthi. But then what about 11th Aug 2021 (Sat)? Did the employee attend duties on this day? If he attended duties, then why is the company asking the employee to submit a leave application even for 12th Aug 2021 (Sun)?

b) Does the company have a proper policy on employee leave? If it is there, has it been communicated to all employees? If yes, how was it communicated?

c) The employee has served for 30 long years in the company. However, it is a matter of trust between the HOD and the employee. Who is exactly asking to submit a leave application? Is it the HOD or the HR Department? Is someone else shooting from the shoulder of the HR?

d) If the employee becomes sick on a day that immediately precedes or succeeds a closed holiday, then it will be counted as a 2-day leave. Has this clause been mentioned in the leave policy? If yes, has it been applied in the past to other employees as well? Is it that the clause was there, but someone remembered it suddenly, and it has been applied for the first time in the case of the employee?

e) In the last 30 years, the employee in question could grow only to the level of Supervisor. Does this insignificant growth have anything to do with the application of a rule? Does the company's management in general but someone in particular wish to convey to the employee that he is a persona non grata in the company?

f) Instead of a lower-level employee, if some senior employee with an illustrious career record had done the same, would HR have asked him/her to provide a leave application for an additional day? Does the application of the rules depend on the person, or is it the same irrespective of the designation, qualification, career achievements, etc.?

Submission of Medical Certificate

You have raised a question on whether or not the employee is required to submit a leave application. However, for a minor ailment like a headache or a sprain in the leg, one does not go to the clinic. The employee can write that he depended on the homemade remedy and did not consult a certified medical doctor.

Application to the Higher Authorities by an Employee

Because of his long stay in the company, if the employee has developed clout, then he may submit an application to the higher authorities for exempting from the rule of forced leave.

More than the application of the labor laws, the case is related to the internal dynamics of the company.

Finally, what is your role in the incident? Are you from the Production Department?

Thanks,

Dinesh Divekar

1 day Sick Leave

It depends on the occasion. In normal circumstances for a minor ailment, one does not go to a medical practitioner but takes rest. Employers agree with the union that for 1 day sick leave, no certificate is needed. But for special occasions like this one, no certificate is not the absolute right of the employee. The employer can very well demand proof of ailment even for 1 day. But again, that must be done on the day of ailment, i.e., information of absence for sickness must be communicated by the employee on the day itself, and the demand for proof by the employer must be made on the same day. These actions taken after the day is over mean neither party is sincere about it. Not being sick, but taking advantage of no certificate for 1 day sickness is misusing the facility, and the employer will be well within his rights to demand proof if he has reasonable doubt.

Regards, Vibhakar Ramtirthkar. Pune