Hello Everybody,
I just want to know is SICK leave policy is compulsory in organisation,
Actually we were thinking to merge Sick leave & Paid leave, were 7 assumed as SL, which will get laps after a year(if any SL balance).
Is there any Act or Rule say's that Sick leave should be applicable for the employees in the organisation.
Please suggest,
Chanda :)
From India, Mumbai
I just want to know is SICK leave policy is compulsory in organisation,
Actually we were thinking to merge Sick leave & Paid leave, were 7 assumed as SL, which will get laps after a year(if any SL balance).
Is there any Act or Rule say's that Sick leave should be applicable for the employees in the organisation.
Please suggest,
Chanda :)
From India, Mumbai
Ya its compulsory..15 days are reserved for this purpose which are paid leave.. And there are certain leaves which cannot be said as paid leaves.
If you go through ESI you will see that it is not proper to give SL to employees who are covered by ESI.
I had faced a similar problem earlier and what we did was to club all the Leave under one head. There was no SL or CL.
The Rules for Earned Leave was also changed and only Leave taken for LTA purpose was done in tune with Income Tax Act.
There is nothing illegal because none of the Act talks about CL or SL. The only legal leave as per law is EL so your Employer logic of putting them under absenteeism cannot be discarded completely.
Just tell me if they ask you which Act makes provision that CL or SL entitlement is there for workers. To be honest there is none except if you have a Certified Standing Orders which have included CL and SL.
Even under ESI, you treat the days as Absent in case of Sickness Benefit(Recall the Form you have to certify where you state the employer did not pay any wages for the period).
So, I feel you should club all the leaves together and put it under EL. Once EL increases your Employer will raise the issue and there you can fight your case out.
Regards
Vinod
From India, Bangalore
If you go through ESI you will see that it is not proper to give SL to employees who are covered by ESI.
I had faced a similar problem earlier and what we did was to club all the Leave under one head. There was no SL or CL.
The Rules for Earned Leave was also changed and only Leave taken for LTA purpose was done in tune with Income Tax Act.
There is nothing illegal because none of the Act talks about CL or SL. The only legal leave as per law is EL so your Employer logic of putting them under absenteeism cannot be discarded completely.
Just tell me if they ask you which Act makes provision that CL or SL entitlement is there for workers. To be honest there is none except if you have a Certified Standing Orders which have included CL and SL.
Even under ESI, you treat the days as Absent in case of Sickness Benefit(Recall the Form you have to certify where you state the employer did not pay any wages for the period).
So, I feel you should club all the leaves together and put it under EL. Once EL increases your Employer will raise the issue and there you can fight your case out.
Regards
Vinod
From India, Bangalore
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