Sick/Medical Leave

Dear All,
We are 5 days working IT company.
Our existing leave policy is 1 leave per month i.e. 12 leave i a calendar year.
We are thinking to create separate "Medical Leave" , could you please help me to know how many minimum medical leave is applicable for that. what will be the criteria to avail this.
Since this is small company which fully depends on timely delivery. sometime happens that employee get sick/accident and absent for 5 days to 2 months.

Dear Mamta,

You can give Medical Leave Extra as well, that all is management call. Yes when extra leaves are entitle, employees keen to avail most/all of them in a calender year. Moreover, leave on medical ground can't be predicted, so you can't bound them to intimate in advance or have prior approval.

There could be two scenario, if you don't want to take extra financial burden, you can bifurcate the existing 12 leave into 5 & & (being Casual & Medical). But as specified you want to give separate leave, but due to 'timely delivery" can't allow/afford all/most of them at a certain point.

You can draft a Holiday, Leave & Rest (Weekly off) Policy. I would first suggest to allow Weekly off as per rotation basis (for which you have to draft some home work that how much minimum employee you need on daily basis, consider their duty for 6 days in a week, count the total mandays required etc).Once you overcome with the required nos, you can mention the below points in your policy:-

In case any Holiday is appeared on W/off, no Compensatory Holiday will be allowed.

No Holiday will be allowed between continous Leave. The individual must be available either before or after the Holiday. Else the same will be counted as Leave/Absent.

Norms for taking Casual-Sick Leave:-

1 Maximum 2 Casual Leave can be availed in a single instance, beyond 02 regular CL, PL, if any, will be adjusted. If no PL in balance same will be deducted.

2 Maximum 3 Sick Leave can be availed in a single instance, after that Medical Certificate to be produced to the HOD.

3 In a single instance, either Casual Leave or Sick Leave can be availed, beyond the maximum limit PL, if any, will be adjusted

4 No W/Off-Holiday will be allowed between continous Leave. The individual must be available either before or after W/off-Holiday.

Else the same will be counted as Leave/Absent.

5 All leave should be first pre-approved by the supervisor/Shift Incharge and must be finally approved by the HOD.

6 Repeatition of Leave around the Holidays & W/Off, is allowed only against prior approval from the HOD.



III WEEKLY OFF POLICY



Norms for W/off Policy:-

1 In general the W/Off (Weekly Off) is allowed only after performing 06 days duties (Present)

2 In case any W/off is appeared on Holiday, no Compensatory W/ Off will be allowed.

3 No W/off will be allowed during consequtive Leave/Absent/Holidays.

4 For availing the W/off the individual must be Presented either before or after the W/Off. Else the same will be considered as Absent/PL.

Hope you will find above as per your requirement. You can make modification as per your management decision and company policies.

Thanks Sir for your valuable input.

As per Maharashtra's shop & establishment rule, few are saying that we must follow the rule. we can't say that its companies wish.

Kindly clarify. " Are 21 leaves compulsory to give which is excluding 12 holidays and weekend" if yes then we are only providing 1 leave/month i.e.12 leaves.

The Holidays and Leaves under these Statutes can be categorized as follows:-

National Holidays: These holidays are declared compulsorily and the establishments do not have flexibility in timing them

26th January, 1st May, 15th August, 2nd October and 1st November

Festival Holidays: Though the festival holidays are compulsory the establishment has the flexibility to choose from a list of about 50 festivals available in the Schedule to The Karnataka Industrial, Establishments (National and Festival Holidays) Act, 1963. Five festival holidays in each calendar year have to be declared in addition to the National Holidays.

General Elections: In case of general elections to the Lok Sabha and Vidhana Sabha and in case of any by election, a holiday needs to be declared to all employees on polling day.

Weekly Holidays: Every establishment is required to remain closed for at least one day of the week. The employer shall fix such date at the beginning of the year. (Here we are giving Saturday and Sunday Off)

Information Technology Establishments; Information Technology enabling services or establishments; & Bio-Technology and Research Centres in addition to certain other establishments are exempt from the provisions of Weekly Holidays.

Annual leave with wages: Every employee in an establishment is entitled to leave with wages and is calculated as follows:-

Earned Leave: One day for every twenty days work performed by him, in case of an adult. This works out to about 1.5 Days a month and 18 Days per annum.

Contingency/ Sick/ Medical Leave: Every employee is also entitled to leave with wages for a period not exceeding twelve days, on the ground of any sickness incurred or accident sustained by him or for any other reasonable cause.

Carry forward of Leave balances: If an employee does not in any one calendar year take the whole of the leave allowed to him as above, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year. (We don't carry forward and en-cash)

The total number of the days of leave that may be carried forward to a succeeding year should not exceed thirty days. The excess leave will either expire or will have to be paid to the Employee as Leave En-cashment

Other leaves include Maternity leave, ESI leave etc.: The national, Festival and Weekly holidays declared by the establishment needs to be prominently displayed at the place of business and should be intimated to the Labour Department, every Calendar year. (Not yet worked on it)