Dear All,

As per the Factories Act, is an employee eligible for sick leave? If so, how many days are allowed within a year? If an employee is covered under the ESI Act, are they entitled to sick leave?

Similarly, if an employee is covered under the A.P. Shops and Establishment Act and is also covered under the ESI Act, are they eligible for sick leave?

I kindly request your valuable answers to my questions.

From India, Hyderabad
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Dear Kalyan, If the employee is covered in ESI so, he or she is not eligible for sick leaves and it would be same for Factory Act and Shop & Estabalisment Act of any state. Thanks, Preeti Singh
From India, Gurgaon
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Dear,

It is not right to say that if an employee is covered under ESI, then he will not get sick leave. You have to move as per the provisions of the act. As per the Factories Act, there is no provision of sick leave; however, in a few states, factory rules have a description of sick leave. According to the Delhi Factory Rules, sick leaves are allowed. Therefore, you can refer to AP Factory Rules; if it is mentioned there, then it will be given to all.

Now, you have raised a question about the AP Shops and Establishment Act. As per the said act, 12 days of sick leave are allowed in a year, and everyone is entitled to sick leave, whether they are covered under ESI or not.

From India, Delhi
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