Sick Leave

Sick Leave in India: Rules, Days, Pay and How to Apply 

Sick leave is paid or unpaid time off from work when you are ill, injured or need medical care.  

In India, there is no single national law fixing how many sick days you get: the number comes from your state’s Shops and Establishments Act, your employer’s leave policy and, for lower-paid employees, the ESI scheme.  

Most private employers give 6 to 12 paid sick days a year.  

This guide explains your entitlement and how to inform your manager and gives ready-to-use sick leave application, email and message formats for every situation. 

Quick answer: What is sick leave? Sick leave is authorized time off for illness, injury or medical treatment, usually paid up to a fixed number of days a year. In India, most private employers give 6 to 12 sick days; many state laws set a minimum, and employees covered by ESI can claim a sickness benefit of 70% of wages for up to 91 days. 

What Is Sick Leave? 

Sick leave (also called medical leave) lets you stay away from work to recover from an illness or injury, attend medical appointments or procedures, or recover after hospitalization, without losing your job and usually without losing pay. 

Common reasons include fever, infections, injuries, surgery and recovery, dental procedures and flare-ups of a chronic condition. Many employers now accept mental health as a valid reason. 

Sick Leave vs Casual Leave vs Earned Leave 

	Sick leave	Casual leave	Earned leave/ Paid Leave
Purpose	Illness, injury or medical need	Short, unplanned personal needs	Planned time off
Advance notice	Not possible; inform as early as you can	Short or none	Usually required
Medical certificate	Often required after 2–3 consecutive days	No	No
Typical days a year	6–12	6–12	12–21
Carry forward	Depends on law and policy	Usually, no	Usually yes, up to a cap
Encashment	Rarely	No	Often, on exit

If you’re ill, use sick leave rather than casual or earned leave: it protects your other balances and keeps your records accurate. 

How Many Sick Leaves Do You Get in India? 

It depends on where you work and which law covers your workplace. There are three sources of sick leave rights in India. 

1. Your State’s Shops and Establishments Act 

Most office, IT, retail and service employees are covered by the Shops and Establishments Act of the state where they work, not where the company is headquartered. Each state sets its own leave minimums. Commonly cited entitlements: 

State	Minimum sick or casual leave under state law
Tamil Nadu	12 days of sick leave a year, in addition to casual leave
Telangana	12 days of sick leave a year, in addition to casual leave
Karnataka	12 days of sick leave a year
Delhi	12 days a year of combined casual and sick leave
Maharashtra	8 days of casual leave a year, which can be used for illness

These are statutory minimums; your employer can give more but not less. State Acts are amended from time to time, so check the current Act or your HR policy for the exact figure. 

2. Your Employer’s Leave Policy 

Most private employers in India give 6 to 12 paid sick days a year, set out in the offer letter, appointment letter or leave policy. The policy also decides whether unused sick leave carries forward, whether half-days are allowed, and when a medical certificate is needed. 

In industrial establishments, standing orders may also set out leave rules. 

3. ESI Sickness Benefit (for Employees Earning up to ₹21,000 a Month) 

If you are insured under the Employees’ State Insurance (ESI) scheme, now governed by the Code on Social Security, 2020, you can claim a cash sickness benefit when you are certified sick: 

	ESI sickness benefit
Who is covered	Employees earning up to ₹21,000 a month (₹25,000 for persons with disabilities) in covered establishments
Amount	70% of wages
Duration	Up to 91 days in two consecutive benefit periods
Qualifying condition	Contributions paid for at least 78 days in the relevant contribution period
Certificate	From an ESI-authorised medical practitioner
Long-term illness	Extended sickness benefit at 80% of wages for up to 2 years for specified long-term diseases

The sickness benefit is paid by ESIC, not your employer. Check with HR whether company sick leave is used first. 

Factory Workers 

The labour code that replaced the Factories Act (the Occupational Safety, Health and Working Conditions Code, 2020) provides annual leave with wages, not a separate sick leave. Factory workers usually rely on that annual leave, company policy and ESI sickness benefit. 

Government Employees 

Central government employees don’t have “sick leave” by that name. Under the CCS (Leave) Rules, they earn 20 days of half-pay leave for each completed year of service and can convert it into commuted leave on full pay (using two days of half-pay leave for each day) on a medical certificate. State government rules vary. 

How to Inform Your Manager About Sick Leave 

1. Message your manager before your workday starts, by call, text or email, whichever your team uses for urgent matters. 

2. Say you’re unwell and how long you expect to be away. You don’t need to name the illness. 

3. Mention who can cover urgent work, if anything is due. 

4. Apply in the leave system (HRMS or leave portal) the same day, or as soon as you can. 

5. Get a medical certificate if you expect to be away longer than your policy allows without one. 

6. Update your manager before your expected return date if you need more time. 

If you’re too unwell to do this yourself, a family member can inform your manager on your behalf. 

Sick Leave Application Formats and Templates 

Copy the format that fits your situation and replace the text in brackets. 

1. Quick Message (WhatsApp, Teams or Slack) 

2. Sick Leave Email for One Day 

Use this when your workplace needs a written application, for example HR records or an absence of several days. 

5. Medical Leave Application for Hospitalization or Surgery 

6. Sick Leave Extension Request 

7. Application After Taking Sick Leave

When Do You Need a Medical Certificate? 

There is no single legal threshold for private employees; your leave policy decides. Most employers ask for a medical certificate when you are absent for more than 2 or 3 consecutive working days, when sick leave falls next to a holiday or weekend, or after hospitalization. 

A valid certificate usually comes from a registered medical practitioner and shows your name, the dates you were advised rest, the doctor’s registration number, signature and stamp, and, when you return, that you are fit to resume work. ESI-insured employees claiming sickness benefit need a certificate from an ESI-authorized doctor. 

Your privacy: your employer needs to know that you were unfit to work and for how long, not your diagnosis. Health information is personal data under India’s Digital Personal Data Protection framework, so employers should collect only what they need and keep it secure. 

Your Rights During Sick Leave 

• Pay: sick leave within your entitlement is normally paid in full. Once your balance runs out, further absence may use other leave or become leave without pay. 

• No penalty for genuine sickness: your employer should not treat approved sick leave as misconduct or count it against you in appraisals. 

• Protection for ESI-insured employees: the ESI law has long barred employers from dismissing or reducing the wages of an insured employee while they are receiving sickness benefit, except in specific circumstances. 

• Reasonable verification: your employer can ask for a medical certificate in line with its policy, but should not demand more medical detail than necessary. 

Can You Take Sick Leave During Your Notice Period? 

Yes. Being on notice doesn’t take away your right to sick leave; follow the usual process and share a medical certificate if your policy needs one.  

Whether the sick days count towards your notice period or push your last working day out depends on your contract and policy, so confirm with HR in writing.  

Some policies restrict leave during notice, but genuine illness is usually treated differently from planned leave. 

Common Mistakes to Avoid 

• Informing late. Message before the workday starts, not mid-morning. 

• Leaving dates open. Give an expected return date, even if you may need to extend it. 

• Skipping the leave system. A chat message is not a leave record; apply in the HRMS too. 

• Using casual or earned leave for illness. It drains other balances and may leave you short later. 

• Missing the certificate deadline. Late certificates can hold up payroll. 

• Going silent if you need more time. Ask for an extension before your expected return date. 

For Employers: Building a Fair Sick Leave Policy 

Check	Why it matters
Sick leave at least meets each state’s minimum where you have offices	Employees are covered by the law of the state they work in
Clear certificate rule (e.g., after 3 consecutive days)	Avoids disputes and inconsistent manager decisions
Carry-forward and encashment rules written down	Prevents year-end confusion
Half-day sick leave allowed	Reduces unnecessary full-day absences
Mental health recognized as a valid reason	Encourages early recovery rather than presenteeism
ESI interplay explained for insured employees	Avoids double counting and missed benefits
Medical information kept confidential	Required under data protection rules and builds trust
Return-to-work options (WFH, reduced hours) after long illness	Supports recovery and retention

FAQs 

Look After Your Health, and Your Records 

Sick leave exists so you can recover without worrying about your job or your pay. Know what your state law and company policy give you, tell your manager early, and keep your leave records accurate.  

For related topics, see Taggd’s HR Glossary guides.