Skip to main content

Sick Leave in India: Overview and Statutory Requirements

Sick leave in India is governed by a combination of state-specific labour laws and company policies. Unlike some countries, there is no single national sick leave entitlement, which means provisions can vary depending on the employee’s location, applicable legislation, and benefits structure.

Your sick leave entitlement at Remote People

Remote People provides 6 working days of paid sick leave per calendar year in India. This is paid by your employer, and it is the entitlement applied and enforced in the platform.

  • Sick leave is recorded in half-day units.

  • Once the 6 days are used, further absence is taken as unpaid Leave Without Pay unless another leave type applies.

Please note — your state entitlement may be higher.


​

India has no single national sick leave entitlement. State legislation commonly provides 7 to 12 days per year, often as a combined sick and casual leave category:


​

• Around 12 days: Karnataka, Tamil Nadu, Telangana, Andhra Pradesh and Delhi
• Around 7–10 days: Gujarat and Punjab


​

Where the applicable state entitlement exceeds the 6 days provided in the platform, the state entitlement prevails. If you are based in one of the states above and need sick leave beyond your platform balance, contact your Remote People HR contact — do not simply take it as unpaid leave.

Medical Certificate Requirements

A medical certificate may be required when an employee is absent due to illness for an extended period.

  • In practice, employers typically request a certificate after 2–3 consecutive days of absence

  • However, this requirement is not uniformly mandated by law and may vary based on:

    • Company policy

    • State-specific regulations

Employees Covered Under ESI

Employees earning up to INR 21,000 per month and covered under the Employees’ State Insurance (ESI) Act are eligible for additional sickness benefits.

Under the ESI scheme, eligible employees may receive:

  • Approximately 70% of wages during certified sickness

  • Benefits for up to 91 days per year

  • For certain long-term illnesses, extended sickness benefits for up to 2 years

These benefits are paid by social security and complement employer-provided leave.

Employees Not Covered Under ESI

For employees not covered by ESI:

  • There is no centralized statutory sick pay system

  • Entitlements depend on:

    • State-level labour laws (e.g. Shops & Establishments Acts or the Factories Act)

    • Employer policies

Statutory Sick Leave – State Variations

Sick leave entitlements in India vary by state and are not always defined as a standalone category. In many cases, sick leave may be combined with other leave types such as casual leave.

General guidance:

  • Employees are commonly entitled to approximately 7 to 12 days of leave per year

  • In some states, this is provided as:

    • Dedicated sick leave, or

    • A combined sick and casual leave entitlement

Examples (indicative only):

  • Around 12 days per year: Common in states such as Karnataka, Tamil Nadu, Telangana, Andhra Pradesh, and Delhi (often as a combined leave category)

  • Around 7–10 days per year: Common in states such as Gujarat and Punjab

It is important to note that:

  • Entitlements may vary depending on industry, employee classification, and local regulations

  • Some states (e.g. Maharashtra, Rajasthan, Madhya Pradesh) regulate leave generally but may not define sick leave as a separate category, allowing employers flexibility in structuring policies

Key Considerations for Employers

  • Ensure compliance with applicable state laws

  • Clearly define sick leave and documentation requirements in company policies

  • Align internal policies with statutory minimums or provide more generous benefits where applicable

  • Consider ESI eligibility when determining overall employee benefits


FAQs

How many sick days do I have at Remote People?

6 working days per calendar year, recorded in half-day units. If your state entitlement is higher, contact your Remote People HR contact.

Is sick leave mandatory in India?

Yes, leave entitlements are regulated at the state level. However, the structure and number of sick leave days vary depending on applicable laws and policies.

Is sick leave always paid?

Sick leave is typically paid if the employee has sufficient leave balance. If not, leave may be unpaid.

Can employers request a medical certificate?

Yes. While not always legally mandated, employers commonly require a medical certificate after 2–3 consecutive days of absence.

What happens if sick leave is exhausted?

Employees may:

  • Use other available leave, or

  • Take unpaid leave (LWP), subject to employer approval

Do all employees qualify for ESI sickness benefits?

No. Only employees earning up to INR 21,000 per month and enrolled in the ESI scheme are eligible.

Do sick leave rules differ by state?

Yes. India does not have a unified national policy, and leave entitlements vary by state and applicable legislation.

Did this answer your question?