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Type: HR, Report if not a HR topic
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Sick leave
Type: HR, Report if not a HR topic
Posted 27-08-2009Reply
Dear Friends,
Can you just clarify the following questions:
1. How many days of SL (Sick leave) is for the confirmed Employees? There is any act related to that?
2. How many days of SL we have to produced the Medical certificate? There is any act related to that?
I am expecting your valuable inputs.
Regards
Pandi
Given Below the details from the factories Act, hope will solve the purpose-Kedar
1*[CHAPTER VIII
ANNUAL LEAVE WITH WAGES
78.
Application of Chapter.
78. Application of Chapter. (1) The provisions of this Chapter
shall not operate to the prejudice of any right to which a worker may
be entitled under any
---------------------------------------------------------------------
1. Subs. by Act 25 of 1954, s. 20, for the former Ch. VIII.
75
other law or under the terms of any award, 1*[agreement (including
settlement)] or contract of service:
2*[Provided that if such award, agreement (including settlement)
or contract of service provides for a longer annual leave with wages
than provided in this Chapter, the quantum of leave, which the worker
shall be entitled to, shall be in accordance with such award,
agreement or contract of service, but in relation to matters not
provided for in such award, agreement or contract of service or
matters which are provided for less favourably therein, the provisions
of sections 79 to 82, so far as may be, shall apply.]
(2) The provisions of this Chapter shall not apply to workers
3*[in any factory] of any railway administered by the Government, who
are governed by leave rules approved by the Central Government.
79.
Annual leave with wages.
79. Annual leave with wages. (1) Every worker who has worked for
a period of 240 days or more in a factory during a calendar year shall
be allowed during the subsequent calendar year, leave with wages for a
number of days calculated at the rate of--
(i) if an adult, one day for every twenty days of work
performed by him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work
performed by him during the previous calendar year.
52
Explanation 1.--For the purpose of this sub-section-
(a) any days of lay off, by agreement or contract or as
permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any
number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the
leave is enjoyed;
shall be deemed to be days on which the worker has worked in a factory
for the purpose of computation of the period of 240 days or more, but
he shall not earn leave for these days.
Explanation 2.--The leave admissible under this sub-section shall
be exclusive of all holidays whether occurring during or at either end
of the period of leave.
1*[CHAPTER VIII
ANNUAL LEAVE WITH WAGES
78.
Application of Chapter.
78. Application of Chapter. (1) The provisions of this Chapter
shall not operate to the prejudice of any right to which a worker may
be entitled under any
---------------------------------------------------------------------
1. Subs. by Act 25 of 1954, s. 20, for the former Ch. VIII.
75
other law or under the terms of any award, 1*[agreement (including
settlement)] or contract of service:
2*[Provided that if such award, agreement (including settlement)
or contract of service provides for a longer annual leave with wages
than provided in this Chapter, the quantum of leave, which the worker
shall be entitled to, shall be in accordance with such award,
agreement or contract of service, but in relation to matters not
provided for in such award, agreement or contract of service or
matters which are provided for less favourably therein, the provisions
of sections 79 to 82, so far as may be, shall apply.]
(2) The provisions of this Chapter shall not apply to workers
3*[in any factory] of any railway administered by the Government, who
are governed by leave rules approved by the Central Government.
79.
Annual leave with wages.
79. Annual leave with wages. (1) Every worker who has worked for
a period of 240 days or more in a factory during a calendar year shall
be allowed during the subsequent calendar year, leave with wages for a
number of days calculated at the rate of--
(i) if an adult, one day for every twenty days of work
performed by him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work
performed by him during the previous calendar year.
52
Explanation 1.--For the purpose of this sub-section-
(a) any days of lay off, by agreement or contract or as
permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any
number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the
leave is enjoyed;
shall be deemed to be days on which the worker has worked in a factory
for the purpose of computation of the period of 240 days or more, but
he shall not earn leave for these days.
Explanation 2.--The leave admissible under this sub-section shall
be exclusive of all holidays whether occurring during or at either end
of the period of leave.
Dear Pandi
Pl. look in to your TN Shops & Establishment Act...i am sure you will find the no of SLs to be given when an employee comes out of ESI.To my knowledge this is the only statutory mandate on SLs....at least in AP this is the case.
As far as how many days.....normally the industry practice is to ask for a medical certificate if the SLs taken are more than 2.But nothing is sacrosanct in this regard.
Coming to workmen(bargainable cadre),it goes with the terms & conditions agreed up on in LTS.
Sincerely
Ashok
Pl. look in to your TN Shops & Establishment Act...i am sure you will find the no of SLs to be given when an employee comes out of ESI.To my knowledge this is the only statutory mandate on SLs....at least in AP this is the case.
As far as how many days.....normally the industry practice is to ask for a medical certificate if the SLs taken are more than 2.But nothing is sacrosanct in this regard.
Coming to workmen(bargainable cadre),it goes with the terms & conditions agreed up on in LTS.
Sincerely
Ashok
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