Life can be unpredictable. There are times when we or our loved ones fall sick and work takes a backseat. In such situations, taking leave on medical grounds is the right approach. Medical leave meaning in the workplace is a period of absence granted to employees who need time off for health-related reasons, whether for personal illness, injury or to care for a sick family member.
For employees in India, knowing the rules and rights around medical leave is essential. It ensures one can take time off when needed without fear of job loss. If workers are covered under a group health insurance policy, financial protection may also be offered.
This blog discusses medical leave in detail.
Eligibility
Not all employees are automatically eligible for medical leave. The eligibility criteria depend on factors like company policy, employment type and labour laws.
Here’s who qualifies for medical leave:
- Full-time employees: Most companies offer paid medical leave to full-time workers.
- Part-time and contract workers: May or may not get medical leave benefits, depending on company policy.
- Employees under the Employees’ State Insurance (ESI) Act: Those earning up to INR 21,000 per month are covered under ESI and can avail of sickness benefits.
- Government employees: Often have a structured leave policy that includes paid medical leave.
The duration and pay during medical leave depend on the employment contract and company policy. Some industries, such as healthcare and manufacturing, may have different rules for medical leave as employees in these sectors are more prone to workplace injuries and health-related issues.
Medical leave rules in India
In India, medical leave reasons and rules vary by sector and employer. However, here are the common guidelines:
- Sick leave
- Private-sector employees generally get 6 to 12 days of paid sick leave per year.
- Sick leave is often non-cumulative, meaning it cannot be carried forward.
- Employees must provide a medical certificate for leaves exceeding a certain number of days.
- Casual leave
- Some companies allow casual leave to be used for medical emergencies.
- Typically, employees get 7 to 10 days of casual leave annually.
- Unlike sick leave, casual leave may be subject to employer approval.
- Earned Leave (EL) or Privilege Leave (PL)
- Some companies allow employees to use earned leave for medical purposes.
- Earned leave is usually carried forward to the next year if unused.
- Some companies even allow employees to encash earned leave under certain conditions.
- Maternity and paternity leave
- Women employees are entitled to 26 weeks of paid maternity leave under the Maternity Benefit Act.
- Some companies also offer paternity leave, though there is no legal mandate for it in India.
- Maternity leave can be extended in case of medical complications, but employees must provide a doctor’s certification.
- Workplace injury leave
- If an employee gets injured at work, they may receive paid leave under the Workmen’s Compensation Act.
- Having a group health insurance policy can help cover medical expenses during this period.
- Unpaid leave
- If all paid leaves are exhausted, employees can apply for unpaid leave.
- In some cases, employers may allow extended medical leave on humanitarian grounds.
- Employees may need to negotiate with their HR team to extend their leave beyond the allocated days.
How to apply for medical leave?
The process of applying for medical leave varies across companies, but here are some general steps:
- Notify your employer early
Inform your manager or HR department as soon as you know you need a medical leave.
In case of sudden illness, notify them as soon as possible. Some companies require prior notice for planned medical treatments.
- Submit a leave application
Write a formal leave request stating the reason and duration. Attach medical documents if required. Digital leave requests through HR portals are now common in many workplaces.
- Provide medical proof
For short-term leave (1-2 days), a self-declaration may suffice. However, for longer leave, a doctor’s prescription or medical certificate is often required. In cases of hospitalisation, discharge summaries may be necessary.
- Discuss work handover
Ensure that urgent work is delegated before taking leave. This helps maintain workflow and keeps colleagues informed. If you are handling sensitive projects, ensure proper documentation is in place.
- Wait for approval
The company may approve or request modifications to the leave period. In the case of long-term medical leave, employers may require periodic updates on recovery progress.
Carry forward
Not all medical leaves can be carried forward to the next year. It depends on the type of leave:
- Sick leave: Usually, it cannot be carried forward. Unused days expire at the end of the year.
- Earned leave: Many companies allow EL to be carried forward and even encashed.
- Casual leave: Generally, it cannot be carried forward.
- Long-term medical leave: Subject to employer discretion and policies.
Leave accumulation policies vary from company to company, so it’s advisable to check with the HR department.
Conclusion
Medical leave is an essential workplace benefit that ensures employees can recover from any health condition without job-related stress. Understanding its eligibility and legal provisions helps employees make informed decisions about their health and job security. Workers should check with their insurance provider about claim procedures and coverage limitations.
Disclaimer: The information provided in this blog is for educational and informational purposes only. It is advised to verify the currency and relevance of the data and information before taking any major steps. Please read the sales brochure / policy wordings carefully for detailed information about on risk factors, terms, conditions and exclusions. ICICI Lombard is not liable for any inaccuracies or consequences resulting from the use of this outdated information.