labour
Fired on Sick Leave / Leave Denied
Your employer has terminated you while you were on medical leave, denied your sick leave application, or is not providing legally mandated leave benefits.
- 01Get a medical certificate from a registered doctor for your illness
- 02Submit a written sick leave application to your employer with medical certificate
- 03If terminated, send a legal notice demanding reinstatement and back wages
- 04File a complaint with the Labour Inspector if leave is denied without valid reason
- 05If ESI-covered, apply for sickness benefit at your local ESIC branch
- 06Document all communications regarding your leave request and employer's response
- 07Check your company's leave policy and standing orders for leave entitlements
- Medical certificate from a registered medical practitioner
- Hospital discharge summary (if hospitalized)
- Written sick leave application and employer's response
- Salary slips showing leave balance
- Company leave policy document or standing orders
- Termination letter (if terminated)
- Communications with HR regarding leave
- ESI contribution records (if applicable)
- Medical certificate
- Leave application copy
- Employment contract / appointment letter
- Salary slips
- Termination letter (if applicable)
- Legal notice (if challenging termination)
- ID proof
- Labour Inspector / Labour Commissioner
- ESIC Office (for ESI sickness benefit)
- Labour Court (for wrongful termination)
- Industrial Tribunal
- SHRAM Portal — shramsuvidha.gov.in
- State Shops and Establishments Act (varies by state — typically 7-12 sick leave days)
- Factories Act, 1948 — Section 79 (Annual leave with wages)
- ESI Act — Section 46 (Sickness benefit for 91 days)
- Industrial Disputes Act — Section 25F (Conditions for retrenchment)
- Industrial Employment (Standing Orders) Act — Certified standing orders
- Code on Wages — Section 17 (No unauthorized deductions)
Indian labour laws provide for sick leave, casual leave, and earned leave. The exact entitlement depends on the applicable law — Shops and Establishments Act (varies by state, typically 7-12 sick leave days), Factories Act (similar provisions), or the company's standing orders. Terminating an employee during genuine medical leave can be challenged as wrongful termination. ESI-covered employees get paid sick leave for up to 91 days through ESIC.
When to see a lawyer
Consult a lawyer if you have been terminated during medical leave, if your employer is withholding salary during approved leave, or if you need to file a case in Labour Court.