What Are The Types Of Sick Leave In India?
Sick or fever leaves are the types of leaves an employee uses when they fall ill and cannot work. In India, most companies grant sick leave to their employees after they have served a predetermined amount of time in the company. There is no fixed amount of sick leaves determined by the labour law. Generally, companies decide on the number of sick leaves to be given to an employee. Sickness is an unforeseen event. Thus, sick leave applications cannot be given in advance. While applying for sick/medical leaves check the requirements of your company. Some companies provide 2-3 days of sick leave without any medical certificate but need one when leaves are of more than 3 days. Whereas, some companies require a medical certificate from a registered doctor from the very first day.
Two types of sick leave
Paid Leave- The majority of companies offer 7 to 15 days of paid sick leave every year. India’s various states have varying laws governing paid leave. For instance, although Tripura only offers 50% pay during sick leave, Delhi offers full pay.
Unpaid leave- Some companies may offer unpaid sick leaves in case of critical sickness or when employees have exhausted all their leaves.
Laws governing sick leaves
The sick leaves are entitled to encashment or carry forward in the following year. They are provided under the applicable law.
Apprentices Act, 1961
An apprentice should get 15 days of sick leave in a year. It can be stored for up to a maximum of 40 days
Plantation Labour Act, 1951
Employees covered by this act get sick leave according to the company’s policies.
Working Journalist Provisions Act, 1955
These employees can avail one-month medical leave for every 18 months of work. They are paid half of the day’s salary.
Sales Promotion Employees Act, 1976
Employees covered under this act can avail sick leave of not less than one-eighteenth of the service period at half wages.
How to write a sick leave application?
It is important to write a sick leave application for informing the manager and the co-worker about the days of your absence. It is essential to provide an update on the sickness so that the proxy employee is aware of the duties that need to be done.
Sick leave application should include:
- The number of days you take leave. It helps co-workers to plan accordingly to take care of the tasks.
- The reason for the absence is must as it gives an estimate to the employer for how long an employee will be away.
- The application should include the name and email id of the person who would be your backup for work
- A medical certificate will help to get the leaves approved easily.
- The application should mention the availability over the phone for urgent matters.
Sick leave application sample 1
Subject: Leave Required
Dear Mr./Mrs. {Recipient’s Name},
I am down with fever and cold because of this I will not be able to come to the office for at least {X days}. As per my family doctor’s advice, it is best that I take rest before resuming work.
I have asked {colleague’s name} to keep a check on my clients. I will be available over the call if you need anything urgent.
Please grant me leave for aforementioned period. If you need additional information, please let me know.
Yours Sincerely, {Your Name}
{Phone no.}
Sick leave application sample 2
Subject: Application for Sick Leave
Dear Mr./Mrs. {Recipient’s Name},
I will not be able to join the office today because I am having symptoms of viral infection. I went to the doctor yesterday and he prescribed {X days} of rest.
I asked {colleague name} to handle my pending tasks, while I am away. I will be available on the phone for any urgent needs.
I have also attached the doctor’s prescription to this email.
Thank you for understanding.
Yours Sincerely, {Your Name}
What Are The Provisions Related To Sickness During Work?
The Employees’ State Insurance Act is a social security law for industrial workers. This act gives workers social protection in the event of contingencies like illness, long-term sickness, or any other health risks due to exposure to workplace injuries or occupational hazards. Medical services are also made available to the legal dependents of insured persons under the terms of the plan. Also, the Workmen’s Compensation Act,1923 provides compensation. This act ensures that employers provide compensation if the employee suffers an accident during the course of work. In case of fatal injuries, the dependents of the employee should be compensated properly.
Sickness benefits for employees
The Employee’s state insurance scheme protects employees against sickness, maternity, disablement, and death due to employment. It provides medical care to insured people and their dependents. The ESIC policy ensures that an employee is paid 70% of the total wage during sick/medical leave.
Sickness benefit
To be eligible for this benefit, an employee must work for at least 78 days during a contribution period. This benefit can be availed for up to 91 days in two consecutive benefit periods. This benefit is a maximum of 70% of the average daily wage.
Extended sickness benefit
People suffering from 34 specific long-term diseases such as TB, cancer, or other malignant disease are eligible for this benefit. This benefit provides a maximum of 80% of the average wages and is payable for 124 days. This also contains 91 days of sickness benefits extendable to 309 days.
Enhanced Sickness benefit
During a sterilisation procedure, an employee receives 7/14 days of their full wages.
Is pregnancy covered under medical leave?
A woman employee suffering from illness arising out of pregnancy and miscarriage is entitled to get up to one month of medical leave. Under section 6 or 9, as the case may be, on presenting proof of pregnancy sickness employee is entitled to get wages at the rate of maternity benefit.
What to do with unused sick time?
In some companies, unused sick time is carried forward for the following year, while in others it lapses. A use-it policy means employees can either carry forward or encashment option for the sick leaves. There are no laws regarding the use of sick time and it solely depends on the decision of the company.
Pros of use-it or lose-it policy
If you let employees carry forward their sick leaves, they can create a bank of leaves. This can be used in case of serious sickness or planned pregnancy. Simultaneously having a large block of sick time is good for business. This boosts employee retention and satisfaction.
Cons of use-it or lose-it policy
Due to the lose-it policy, every year company witnesses a wave of absences at the end of the year. Companies should rather use a limited carry-forward policy. Complete carry-forward instigates the employees to come to the office even when they should not. This can mean infecting others in the office and a swarm of sick leaves among employees.
Payment for unused sick time
Some companies have basic rules regarding the payout of sick leaves. Companies may add sick time payout for employees who resign or are terminated. Unused sick time payout or lapse policy should apply to everyone without any discrimination.
Regardless of whether they work for the public or private sector, all employees are entitled to sick time. An employee must meet the requirements in order to be eligible for sick leave benefits. Because illness might strike at any time, a sick leave application is required when applying later. A well-written sick leave application enables the firm to run smoothly. Most of the time, employers offer compensated or partially paid sick days to their staff. Employees may also receive unpaid leaves in some extraordinary circumstances. Depending on the employee categories, different rules apply to medical insurance and sick leave. In most cases, unused sick days are carried over to the following year. The employee now has the chance to accumulate sick days and use them when seriously ill. Therefore, sick days are a requirement of every job contract. A fair sick leave policy fosters confidence between the employer and the employee.
