Lawfully yours: By Retd Justice K Chandru | Sick leave matter of right but subject to proof; long ones in particular

CHENNAI:

Sick leave matter of right but subject to proof; long ones in particular

Recent incidents involving the death of employees and students after being denied sick leave or allegedly facing extreme work stress have ignited a global conversation about workplace culture and the responsibilities of managers in handling employee well-being. Toxic work environments pose a risk and there is a need to balance work demands and personal health. One of the pressing questions in the wake of these incidents is whether a manager can legally deny sick leave. What do labour laws say about this? Or is it merely based on company policies? Do circumstances surrounding the employee's request play a role?

— Venky, Alwarpet

Sick leave is a matter of right but subject to proof. As per government rules, if the sick leave exceeds a certain period then return to work will be subject to the Medical Board's opinion. In private companies, they will have a referral doctor who has to certify the same. However, if the establishment is covered by the Employees' State Insurance (ESI) Act then certification by the medical officer attached to ESI's local office will be enough for sanctioning of the leave. Then the employer can have no right to deny the same.

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Wife is only entitled to claim a right to residence in a shared household

I’m a 72-year-old widow. I have two children, a son and a daughter, both married. I own an apartment in Bengaluru, where my children live, though I continue to live in my village, hours away from Chennai. The ownership of the apartment is registered under all three of our names. I want to know whether there is any scenario that will allow my daughter-in-law to lay a claim on the property and whether there is any provision in the law that can grant her ownership. Also, under what circumstances can she approach a court to fight for a share in the property?

— Thenmozhi, Sholinganallur

Since the property is registered in the name of you three -- mother and children -- the daughter-in-law cannot have any share unless something happens to your son. If he predeceases her then she can claim his share in the house property. However, she is entitled to claim a right to residence in that house under the Prevention of Domestic Violence Act in case anyone tries to drive her away because your son stays there and has a share in the property. She can approach the local magistrate to claim her right to shelter.