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Hi, Can anyone tell me what is the labour law for sick leaves please. Is it possible to just give annual vaccation and not sick leaves to an employee. Regards, Simmi.
From India, New Delhi
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Dear Simmi,

Sick leave, the word itself, is quite clear. Sick leave has been provided under the Factories Act. The objective is quite clear. Sick leave is meant for bed rest or isolation during the recovery of an illness suffered by an employee. Hence, annual vacation has nothing to do with sick leave.

Whether to pay or not for sick leave depends upon the policy of the management. Employees covered under the ESI Act are compensated for the loss of wages by ESI authorities. Certain insurance policies offered by insurance companies and taken by employers also compensate employees for their loss of salary due to sickness.

I hope you now understand the objective of sick leave.

Regards

From India, New Delhi
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Dear Simmi,

First, let me tell you that there is no law that exists in India by which the management is bound to give sick leave.

Second, the mention of sick leave is there in Model Standing Orders under The Industrial Employment Standing Orders Act, 1948. Hence, if the Act is applicable to your organization, then you can refer to either the Model Standing Orders or your organization's Certified Standing Orders.

Even in the case of ESI, the ESIC pays for absence due to illness, and not the employer.

As for whether it is possible to give annual vacation in place of sick leave:

1. The two are different things, and since you are not bound to give sick leave, you need not think of it as an alternative to Annual Leave.

2. Your annual leave should be equal to or more than your statutory limit, i.e., Factories Act or Shops and Establishment Act, Plantation Labour Act as applicable.

If you maintain the above, you need not give separate sick leave unless there is a specific state rule to that effect.

Warm Regards,

SC

From India, Thane
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Dear all,

We have an e-Leave Management Portal for Realtime Employees Leave Management. It's FREE to join. Do try it out. I believe it's the future of HRM. http://www.WebLeave.com

Regards,
Charles Burke

From Malaysia, Kuala Lumpur
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Please go through the Factories Act and Shops & Commercial Act of your state along with the rules made thereunder; you will be clear about the sick leave. There are statutory provisions for it.

Regards,
Arif

From India, Delhi
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Hi, I want to know the total number of sick leaves, earned leaves, casual leaves which can be earned by an employee in Pvt Ltd company in Delhi as per Delhi Govt rules. Thanks Sarojwal
From India, New Delhi
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Dear Sir,

Kindly tell me the norms of sick leave under the Plantation Labour Act. Can an employee avail of sick leave for the current year? Or is sick leave calculated based on the working days of the last year, meaning sick leave earned in the previous year (2012) is available in the year 2013?

In Tea Gardens, an employee who works continuously for a year earns 14 days of sick leave. For example, an employee working continuously in 2012 earns 14 days of sick leave and can utilize it in 2013. However, can an employee in the middle of the year avail of the sick leave earned in 2013?

Kindly help me solve this problem.

Regards,
Kausik

From India, Siliguri
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