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Vinita (Project manager)     10 December 2010

law for Sick Leave

Hello All,

I have a query with regards to Labour law related to leaves.

In my friends company Permanent Employees are eligible for 25 days of Leave which includes all kinds of leave (CL + PL + SL). But they need to give 4 days of advance notice to claim this leave.

In other cases this is fine but when a person is sick he cannot give 4 day advance notice and this results in LWP even though he has balance leave in his account and has doctors prescripttion etc. This is valid for even a single day of sick leave.

I wanted to know if this is legal as per Labour law and can the employee do anything against it ?






 8 Replies

Rama mohan Acharya (Manager HR(Legal))     10 December 2010

Generally provision of Sick leave is made to enable the employee to take rest and his salary does not deduted. In this case asking prior intimation from a person that he will be sick cannot be holds good in the eyaes of law. In addition, this may lead to adopt unfair means by employees to get the SL sanctioned. Further normally LWP is sanctioned when no other leave is in credit of an employee. The practice stated by you is also in contradiction to this.

Somebody may discuss the matter with the employer and convince them. 

1 Like

Vinita (Project manager)     10 December 2010

Thank you Rama,

I was suspecting that this is an unfair practise, and HR is not ready to change it even after several employess have raise concerns against it. What should an employee do in such a case ?



Kirti Kar Tripathi (lawyer)     11 December 2010

you may complain to labour department.  in case, employers do not provide sick leave or deduct wages you can file case under law. 

Jacob Pratap (service)     12 December 2010

Pls look for the Act of the State which governs sick leave casual leave etc.  Each State enacts its own Act. The name of the Act could be ..............(Name of State) Industrial Establishment National & Festival Holidays (Sick Leave and Casual Leave) Act, ............... (year when enacted).  This will give you clear picture regarding sick leave and casual leaves.  The earned leaves are granted either under the Shops Act or the State or the Factories Act, 1948, whichever is applicable.  

Jacob Pratap (service)     13 December 2010

An application under RTI Act, 2005 would not lie with a private company as it being not a Public Authority. However, the information under RTI regarding entitlement of leave etc. can be sought from the Labour Deptt.

SALA SATEESH (lawyer)     13 December 2010

Dear Sir,

for clairifying the query the organisation under discussion is registered under the shops and establishment  act or factories act .

apart from this if the employee is covered under ESI then he can avail the sickness leave form from ESI hospital and can straight away submit that form to organisation as such the instance of advance ntooice doesn't comes into picture.

generally if it is more than 2 days then the employer can insist for reasons of availing Sick leave for which u can furnish the medical certificate which would certainly suffice.



Vinita (Project manager)     14 December 2010

Hello Sateesh,

I am a little confused as to how do you know the organization in discussion, also I am not aware of the employees being covered under ESI in the organization that I am referring to. Again for things like fever and cold and cough people usually prefer to go the local family doctor who know their history.




Rhonda Luna (HR)     17 December 2010

I heard that the sick leaves donot apply to the workers who works  less than 24 hours a month and who recieve compansation for an injury or deases. After taking leave, the worker should show the medical certificate to proof of their illness.

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