Sick Leave in India: Overview and Statutory Requirements

Modified on: Thu, 16 Apr, 2026 at 7:00 PM

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.

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 lawand may vary based on:
- Company policy
- State-specific regulations

Sick Leave Entitlement

Employees are generally entitled to paid sick leave when they are unable to work due to illness, subject to their available leave balance.

If sick leave is exhausted, employers may allow employees to:

Use casual leave, where applicable, or
Take Leave Without Pay (LWP), which is unpaid leave granted when all paid leave options have been used or in specific circumstances

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 provided through the social security system 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

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 (e.g., casual 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.

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