← Your rights

Your rights

Can my employer fire me for taking sick leave?

Short answer

No. Terminating an employee on genuine sick leave with medical certificate is wrongful termination and can be challenged in Labour Court.

Understanding the issue

Indian labour laws protect employees from being terminated for taking legitimate medical leave. Key rights: (1) State Shops and Establishments Acts provide 7-12 days of paid sick leave annually, (2) ESI-covered employees get up to 91 days of paid sick leave through ESIC, (3) Termination during genuine medical leave can be challenged as wrongful termination under the Industrial Disputes Act, (4) Your employer cannot deduct salary for approved sick leave, (5) Leave encashment: unused earned leave must be paid at separation. If fired during sick leave, send a legal notice and file a complaint with the Labour Commissioner. The company must follow proper procedure under Standing Orders before terminating any employee.

Laws that apply

  • State Shops and Establishments Act (7-12 sick leave days, varies by state)
  • ESI Act — Section 46 (Sickness benefit for 91 days)
  • Industrial Disputes Act — Section 25F (Retrenchment conditions)
  • Industrial Employment (Standing Orders) Act
  • Factories Act — Section 79 (Annual leave with wages)