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Vijaykumar (Legal Offier)     30 May 2015

Medical leave entitlement

Hello, 

Would like to know whether the employee under probation (2 years period from date of joining) is entitled for medical leave?? Is there a rule where he needs to complete 1 year before being entitled for medical leave?

Thank you.



Learning

 6 Replies

Kumar Doab (FIN)     30 May 2015

What is this establishment: Government, Private(Commercial/Industrial) etc?

 

The enactments applicable to the establishment shall govern the entitlement.

 

saravanan s (legal advisor)     30 May 2015

if you are working in government then there would be acts and statutes thats applicable to you.if its a private job then you got to look into their rules.

if in tamilnadu as per government rules you are not eligible for ml during probation

Vijaykumar (Legal Offier)     01 June 2015

Mr. Kumar Doab and Mr. Saravanan.S, thank you for the reply. The establishment is Private Multi-Speciality hospital. The hospital service rules & regulations does not specify about the probationary employee being entitled to the medical leave. 

Kumar Doab (FIN)     01 June 2015

Check the Dept. in which employee is placed is Redg as say: Commercial/Industrial!

 

Once you have determined which enactment is applicable, you may look into the section  on Leave..................

 

The hospital Rules and Regulations can not offer leave inferior to as provided for in the applicable enactment but can offer superior leave policy..................Even standing Orders and negotiated settlement can not offer inferior benefits............

Tushar Swar (Practitioner in HR Labour Laws & Compliance)     02 June 2015

Hi Vijay,

if your working in to private company, then, shops & Establishment Act shall be applicable to you, please refer the rule of your respective state shops & Establishment rules, as fare as than, In Mumbai, as per Bombay Shops & Establishment act. is only mentioned as 21 days as paid leave, it is not birfurcated in CL, SL, etc. but, some of states are specifically bifurcated seperatly.

Regards,

Tushar Swar

ACHRM, MBA-HR, D.L.L.(Hons)

Vijaykumar (Legal Offier)     03 June 2015

Hello Mr. Swar,

Thank you for your response in the matter. Sec. 15 Sub Sec. 3 of Karnataka Shops and Commercial Establishments Act states as under: 

"Every employee shall also be entitled during the first Twelve months of continuous service and during every subsequent Twelve months of such service in any establishment to leave with wages for a period not exceeding twelve days, on the ground of sickness incurred or accident sustained by him or for any other reasonable cause".  

My query is regarding the "entitled during the first Twelve months of continuous service". Is the employee entitled for sick leave (12 days) immediately after joining the service i.e. within the 1st year of joining or after he has put in 12 months of continuous service?? Your advice is very much appreciated. Thank you.

Vijaykumar Iti


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