In India, there is no uniform national sick leave law. Sick leave entitlements are governed by a combination of the Factories Act 1948, state-level Shops and Establishments Acts, and company policies. Typically, employees are entitled to 7–12 days of sick leave per year, often combined with casual leave. Some states require a medical certificate for absences exceeding a certain number of days.

Statutory entitlement

Varies by state and legislation. Under the Factories Act, workers are entitled to one day of leave for every 20 days of work (sick leave is typically included in earned leave). Most state laws provide 7–12 days of sick leave per year. Many employers offer sick leave as part of a combined leave policy.

Eligibility

Sick leave entitlement varies by state law and the applicable legislation. Most state laws require a minimum period of employment (typically 6–12 months) before an employee can avail of sick leave. Employees in the unorganised sector may not have statutory sick leave.

Employer obligations

  • Provide sick leave as required by the applicable state Shops and Establishments Act.
  • Pay the employee's wages during sick leave.
  • Not deduct pay for certified sick leave days within the statutory entitlement.
  • Accept medical certificates from registered medical practitioners.
  • Maintain leave records for each employee.
  • Comply with the leave provisions of the applicable state labour code.

Employee rights

  • Right to sick leave as per the applicable state legislation.
  • Right to be paid during sick leave within the statutory entitlement.
  • Right to carry forward unused sick leave (earned leave) to the next year in many states.

Common pitfalls

  • Applying a uniform sick leave policy across all Indian locations — each state has different rules, and employers must comply with the applicable state legislation.
  • Not checking whether the establishment is covered by the Factories Act or the Shops and Establishments Act — the applicable legislation determines the entitlement.
  • Not allowing carry-forward of earned leave — many state laws require unused earned leave to be carried forward.

Sick leave under state laws

Each Indian state has its own Shops and Establishments Act with specific sick leave provisions. For example, Karnataka provides 12 days of sick leave, Maharashtra provides 12 days, and Tamil Nadu provides 12 days. Employers must check the specific provisions of the state where the establishment is located.

Factories Act provisions

Under the Factories Act 1948, workers are entitled to one day of leave with wages for every 20 days of work performed. This leave can be used for sickness, but the Act does not distinguish between sick leave and annual leave.

New Labour Codes

The Code on Wages 2019 and the Occupational Safety, Health and Working Conditions Code 2020 consolidate existing labour laws. These codes prescribe a uniform leave entitlement of one day of leave for every 20 days of work, but implementation is pending.

Frequently asked questions

Is there a national sick leave law in India?

No. Sick leave is governed by state-level legislation and company policies. There is no uniform national sick leave law.

Can an employer require a medical certificate for sick leave?

Yes, most state laws allow employers to require a medical certificate for sick leave absences, particularly for absences exceeding two or three days.

Are IT and BPO employees entitled to sick leave?

IT and BPO employees are typically covered by the Shops and Establishments Act of the state where they work, which provides sick leave entitlements.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.