How Should Start-Ups Handle Sick Leave and Medical Expenses During Probation?

Hi all,

I am an HR Executive in a start-up where we still don't have a leave policy in place. Please help me and give me information on payment for sick leave availed by the employee during the probation period. Is there any legal obligation for the company to reimburse the medical expenses? Please let me know at the earliest. (In this case, the reason for sick leave is not genuine.)

Awaiting your responses at the earliest.

Thanks a lot,
Roopa

Strong reason: If an employee gets sick within 6 months of joining, it means they are not medically fit, except in a few cases. Therefore, they should not be given such benefits during the probationary period.

Regards,
Sidheshwar

Hi,

I strongly agree with Mr. Sidheshwar; an employee cannot be given sick leave during the probationary period.

Regards,
Julie

Hi,

Sick leave provision exists in some states under the Shops Act. It would be appropriate to check on this. In Karnataka, it's 'accident cum sickness leave.'

During the probation period, non-sanctioning of leave as a general rule would not be appropriate. Can't an employee fall sick during a probation period? ESI provides coverage during this period. Those not in the ESI category have to examine the genuineness of the sickness (which can be verified in various ways), and on a case-to-case basis, the leave can be sanctioned against future leave credits. When retention is the mission statement in HR today, these considerations would send the right signals. Companies covered under insurance schemes do make provisions from day one, and some have included hospitalization.

hrg-rajaram

Hi Roopa,

Sick leave, we believe, as a good organization that values good HR practices, should allow for a provision for sick leave in genuine cases. For example, we had an employee who was diagnosed with jaundice and was granted sick leave beyond his entitlement of sick leave upon confirmation.

It is important to consider sick leave on a case-by-case basis. One can either draft a policy or clearly state in the employee manual that leaves are not permissible during the probation period. However, exceptions can be made for genuine cases after consulting with the respective Head of Department.

Cheers,
Rajat

Dear All,

I would be grateful for advice on a case that occurred recently in our company. During the probationary period, one employee had an accident. Everything was handled properly with insurance and documentation, but he was on sick leave due to this accident for around 3.5 months. Our probationary period, according to the agreement, is 4 months. My question is: we want to cancel the probationary period during his sick leave so that it starts from the beginning when he is back at work. Can we do this orally by just informing him, or do we need to write a formal extension letter? If so, do you have an example of it?

Thank you for your comments.

Regards,
Dominika

Hi!

I agree with Mr. Rajarama and Mr. Rajat. You can always take a medical certificate and get it verified.

Dominika, in case you want to prolong the probation period, you need to give it in writing to the employee and also get his signature for his agreement for the prolongation.

Chitra

Employee falls sick while on probation. Sanction leave without pay (LWP). The employee feels secure about his job, and the company loses nothing.

Aristotle