Sick Leave

What Is Sick Leave?

Sick leave is a type of leave that employees can use when they are unable to work due to physical or mental illness. It allows employees to rest, seek medical treatment and recover without having to attend work while unwell. Depending on the applicable law and company policy, sick leave may be paid.

Sick leave is generally separate from casual leave, which is used for personal matters, and earned leave, which accrues through service. The term medical leave is often used interchangeably with sick leave, although some organisations may define separate rules for each.

Sick Leave Policy in India 2026

There is no single annual sick leave entitlement that applies to every employee across India. The applicable entitlement depends on the state’s Shops and Establishments law, the type of establishment, any sector-specific provisions and the organisation’s leave policy.

Shops and Establishments Act

State Shops and Establishments laws prescribe leave entitlements for employees working in covered establishments. The number of sick leave days, eligibility conditions, carry-forward provisions and other requirements can differ between states.

For example, under Section 30 of the Telangana Shops and Establishments Act, 1988, employees are entitled to leave with wages of up to 12 days during their first 12 months of continuous service and each subsequent 12-month period on grounds of sickness or accident. This is a Telangana-specific provision and should not be treated as an all-India entitlement.

Other Applicable Labour Laws

Some employee categories have separate leave provisions under their service rules or applicable legislation. For example:

• Central government employees: Under Rule 29 of the Central Civil Services (Leave) Rules, 1972, eligible government employees generally receive 20 days of half-pay leave annually, credited in two instalments of 10 days each in January and July. This leave may be granted on a medical certificate or for private affairs.

• Apprentices: Leave for apprentices is governed by the Apprentices Act, 1961, the applicable rules and apprenticeship arrangements. Under the Apprenticeship Rules, apprentices are generally entitled to 15 days of medical leave a year, which can accumulate up to 40 days.

Eligibility Criteria for Sick Leave

Sick leave eligibility depends on the applicable state law, employment category and company policy. Employees should check their organisation’s leave rules to understand the number of days available and the conditions for using them.

Some factors that may affect eligibility include:

• Employment type: Permanent, fixed-term and contract employees may be covered by different statutory provisions or company policies. Contractual status alone does not establish whether an employee is excluded from a statutory entitlement.

• Probation period: Some organisations allow employees to use sick leave from their date of joining, while others specify conditions during probation. Any such policy must remain consistent with applicable law.

• Minimum service period: Certain state laws prescribe service-related eligibility conditions. For example, Telangana’s law provides sickness-related leave during the first 12 months of continuous service as well as subsequent 12-month periods.

• Company policy: Employers may specify how leave is credited, whether unused days can be carried forward and what documentation employees must submit.

How to Apply for Sick Leave

Employees should follow their organisation’s leave application process when they need time off due to illness. A typical process involves the following steps:

1. Inform the manager: Notify the reporting manager as early as possible, preferably before the shift begins. If the illness occurs unexpectedly, communicate as soon as reasonably possible.

2. Submit a formal request: Apply through the organisation’s HRMS or leave management system, or follow the prescribed email or application process.

3. Mention the required details: Include the dates of absence, a brief reason for the leave and the expected date of return, if known.

4. Attach supporting documents if required: Submit a medical certificate or other documentation if the organisation’s policy or applicable rules require it.

5. Update the manager: If the illness continues beyond the requested period, inform the manager and submit an extension request through the prescribed process.

A sick leave request should be brief, clear and professional. Employees do not usually need to share detailed medical information with their reporting manager unless it is required for a legitimate administrative or compliance purpose.

Documentation Requirements for Sick Leave

The documents required for sick leave depend on the duration of absence, the applicable rules and the employer’s leave policy. Commonly requested documents include:

• Medical certificate: A certificate from a registered medical practitioner may be required for longer absences or when specified by company policy. Some organisations use a threshold of more than three consecutive days, but this is not a rule across India.

• Self-declaration: For shorter absences, an organisation may accept a leave application or employee declaration without a medical certificate.

• Fitness certificate: After an extended illness, an employer may request a fitness certificate before the employee resumes work, particularly where the role involves safety-sensitive duties or the applicable policy requires it.

• Leave application: The request should include the employee’s details, dates of absence and other information required by the organisation’s leave process.

HR teams should maintain leave applications and supporting documents securely, restrict access to authorised personnel and follow the organisation’s record-retention and privacy requirements. Employees should check the applicable policy before submitting medical records.