Sick Leave
Income
Note: Upcoming Labour Legislation in India
In 2020, the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. Enacted in 2019, the Code on Wages also amalgamated four relevant labour laws.
The four new Labour Codes were supposed to be effective from 01 April 2021. However, considering the rise in COVID cases and the potential impact of the new Codes on per-employee costs for enterprises, the Government delayed their implementation to a future date. The Central and State Governments have been working on rules under these Codes. The new legal provisions will be effective only once notified.
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Currently Applicable Provisions
Workers covered by the ‘Employee State Insurance Act’ are entitled to sick pay, but only a small proportion of the organized workforce is covered by social security legislation. The amount of sick pay varies; it is around 70% of the average daily wage. The benefit is paid after a 2-day waiting period for up to 91 days in any two consecutive designated 6-month periods. Workers must have contributed to the scheme for at least 78 days in the preceding contribution period.
Different provisions could be located under different Acts:
(i) 15 days of sick leave is entitled under Apprentices Act, 1961
(ii) 30 days of sick leave for 18 months of service under Working Journalist and Other News Paper Employee’s (Conditions of Service) and Miscellaneous Provisions Act, 1955;
(iii)At least 1/18th of the period worked under Sales Promotion Employees (Conditions of Service) Act, 1976. (http://www.esic.nic.in/benefits.php)
Source: §15 (Rule 13) of the Apprentices Act 1961; Working Journalist and Other News Paper Employee’s (Conditions of Service); §7 (Rule 28) of the Miscellaneous Provisions Act 1955); §4 of the Sales Promotion Employees (Conditions of Service) Act 1976
Income Under State Laws
Income Regulations in Andhra Pradesh
No State laws and provisions under this topic.
Income Regulations in Maharashtra
No State laws and provisions under this topic.
Income Regulations in Karnataka
For workers in Shops and Commercial Establishments:
During a 12-month period, workers are entitled to a maximum of 12 days of paid sick leave on account of sickness and accident. If an employee is discharged or dismissed from service when they are sick or suffering from the result of an accident, the employer must pay such worker the amount in respect of the period of the leave to which such worker was entitled at the time of his discharge or dismissal.
Source: Section 15 of the Karnataka Shops and Commercial Establishments Act, 1961
Income Regulations in Uttar Pradesh
In case of an accident, an employee is entitled to compensation.
The Employees Compensation (Uttar Pradesh Amendment) Act, 2017, has been enacted to compensate the employees for injury or accident caused while on duty or during the course of employment with their employers. The claim for compensation can be filed by the suffering employee or his dependants.
If, employees or their dependants cannot file claims within 90 days of the accident/injury having occurred, then the claims may be filed by an officer working in/authorised by the state government for the purpose of compensating the employee through the payment.
Source: Employees Compensation (Uttar Pradesh Amendment) Act, 2017
A victim of a crime may receive compensation in light of an offense committed by a convicted criminal prisoner for which a committee containing the district magistrate as chairman, police superintendent as member and jail superintendent as member-secretary is constituted.
It is constituted to determine the identification of the victim and amount of compensation given to the victim, if he is identified so.
Source: Section 5 and 6, U.P. Payment of Remuneration to Prisoners and Compensation to Victims Rules, 2005
Income Regulations in Rajasthan
No State laws and provisions under this topic.
Income Regulations in Tamil Nadu
No State laws and provisions under this topic.
Income Regulations in Gujarat
Every worker should be entitled to seven days leave on medical grounds with wages.
If a worker is entitled to leave other than causal and festival leave under this section, and is discharged by his employer before being allowed the leave, the employer should pay him full wages for the period of leave due to him.
Source: Section 18, Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
Income Regulations in West Bengal
No State laws and provisions under this topic.
Medical Care
Full medical care is provided to an Insured person and his family members. There is no ceiling on expenditure on the treatment of an insured person or a family member. On payment of annual premium of 120 rupees, medical care is also provided to retired and permanently disabled insured persons and their spouses. (http://www.esic.nic.in/benefits.php)
Medical Care Under State Laws
Medical Care in Andhra Pradesh
No State laws and provisions under this topic.
Medical Care in Maharashtra
For everyone:
The State Government arranges for the treatment of any injury caused to workers while working under the Schemes (of the Maharashtra Employment Guarantee Act, 1977). It arranges for the entire hospitalization, accommodation and diet of the person. The employee is entitled to the minimum wage prescribed for the entire period of treatment. In case of death, a payment of Rs. 50,000 or more should be provided to the legal heir of the person by the State Government. In case of a permanent injury, a payment (not exceeding the amount paid upon death) must be paid to the person.
Similar provisions apply in the case of an injury caused to a child accompanying a worker. However, the payment made in this case will not exceed the amount paid upon injury to the worker.
Source: Section 2, 7(a) of the Maharashtra Employment Guarantee Act, 1977
Medical Care in Karnataka
No State laws and provisions under this topic.
Medical Care in Uttar Pradesh
No State laws and provisions under this topic.
Medical Care in Rajasthan
No State laws and provisions under this topic.
Medical Care in Tamil Nadu
For construction workers:
Employers are to ensure that Construction workers are required to be regularly examined for medical issues common to their line of work, on intervals prescribed by the Chief Inspector of Building and Construction. The examination is to be conducted by an approved medical officer. The cost of the same should not be charged to the worker.
Medical officers should be primarily responsible for examinations, first aid, immunization, advisory and referral. Sites meeting stipulated criteria are also expected to have designated occupational health centers and ambulance rooms, and ambulance vans, stretchers and occupational healthcare service for all workers. Employers are supposed to maintain adequate amounts of first aid boxes and emergency care services required.
The law makes it compulsory for the employer to insure all building workers employed directly or through a contract in his establishment.
Source: Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006
For Advocates and Advocates’ Clerks:
Funds present for Advocate’s Clerks and Advocates (under their respective policies) can be directed towards purchasing group policies and life insurances from the LIC of India.
Source: The Tamil Nadu Advocates' Clerks Welfare Fund Act, 1999; The Tamil Nadu Advocates' Welfare Fund Act
For everyone:
Professions covered under the various social security and welfare schemes can claim personal accident relief, and relief to nominee/heir in case of death, as per the relief decided by the authorities. Workers can also claim wheelchairs or artificial limbs in accidents.
All social security and welfare schemes established by the government of Tamil Nadu can use their funds in purchasing group policies for all their members.
Source:
Tamil Nadu Washermen Social Security and Welfare Scheme, 2006
Tamil Nadu Pottery Workers Social Security and Welfare Scheme, 2006
Tamil Nadu Handloom and Handloom Silk Weaving Workers Social Security and Welfare Scheme, 2006 Tamil Nadu Handicraft Workers Social Security and Welfare Scheme, 2006
Tamil Nadu Handicraft Workers Social Security and Welfare Scheme, 2006
Tamil Nadu HairDressers Social Security and Welfare Scheme
Tamil Nadu Washerman Social Security and Welfare Scheme, 2006
Tamil Nadu Artists Social Security and Welfare Scheme, 2006
Tamil Nadu Auto-Rickshaw And Taxi Drivers Social Security And Welfare Scheme, 2006
Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994
Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982
Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Rules, 1986
Tamil Nadu Manual Workers Social / Security and Welfare Scheme, 2006
Tamil Nadu Palm Tree Workers Social Security and Welfare Scheme, 2006
Tamil Nadu Powerloom Weaving Workers Social Security and Welfare Scheme, 2010
Tamil Nadu Street Vending and Shops and Establishments Worker's Welfare Scheme, 2010
Tamil Nadu Tailoring Workers Social Security and Welfare Scheme, 2006
Medical Care in Gujarat
Every worker should be entitled to wages for the absence of the worker due to temporary disablement caused by an accident arising out of and in the course of his employment.
The Workmen's Compensation Act, 1923 provides for payment of compensation to workmen (or their dependants) in case of personal injury caused by accident or certain occupational diseases.
If these diseases or injuries arise out of and in the course of employment and result in disablement or death, all necessary changes made to the rules made would apply to registered unprotected workers employed in any scheduled employment to which this Act applies.
If the employee applies for leave fifteen days in advance but refused the leave, and so, quits his employment on account of retirement, resignation, death or permanent disability, the employer should pay him full wages for the period of leave due to him.
Source: Section 18 and 19 of the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
Medical Care in West Bengal
No State laws and provisions under this topic.
Job Security
The Factories Act 1948 applies to workers in manufacturing units employing 10 or more persons (with power) or 20 or more (without power). The law does not explicitly address job security during sick leave, however, it provides for earned leave (annual leave) based on a worker’s days of work during the year— one day for every 20 days worked in the previous year, subject to a minimum of 240 days’ employment. Workers can use this leave for sickness, and during such approved leave, their employment is secure.
The Employees’ State Insurance Act, 1948 provides protection for workers in establishments employing 10 or more persons (thresholds may vary by state) with wages up to INR 21,000 per month (as of the latest update). During the period of protected sick leave (up to 91 days in any two consecutive designated 6-month periods), employers are prohibited from dismissing, discharging, or reducing the wages of an employee availing sickness benefits, except in cases of gross misconduct unrelated to the illness. This ensures job security during certified sick leave under the ESI scheme.
State-specific Shops and Establishments Acts govern workers in non-industrial settings like shops, offices, and commercial establishments. These laws generally provide for paid sick leave, often ranging from 7 to 15 days annually (e.g., 12 days under the Delhi Shops and Establishments Act, 1954, combining casual and sick leave), in addition to earned leave. During such authorised sick leave, employment is generally secure.
Job Security Under State Laws
Job Security in Andhra Pradesh
No State laws and provisions under this topic.
Job Security in Maharashtra
For everyone:
The State Government decides on the amount of the payment due in any contingency while working on a scheme under the Maharashtra Employment Guarantee Act, 1977.
Source: Section 7 of the Maharashtra Employment Guarantee Act, 1977
Job Security in Karnataka
No State laws and provisions under this topic.
Job Security in Uttar Pradesh
No State laws and provisions under this topic.
Job Security in Rajasthan
No State laws and provisions under this topic.
Job Security in Tamil Nadu
No State laws and provisions under this topic.
Job Security in Gujarat
Every worker should be entitled to seven days leave on medical grounds with wages. The medical leave cannot be exceeded beyond the seventh day.
Source: Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019& Bombay Shops and Establishments Act, 1948 (Section 35, sub-section 1 (B) ii)
Job Security in West Bengal
No State laws and provisions under this topic.
