60F. Sick
leave. (1) An employee
shall, after examination at the expense of the employer: (a) by
a registered medical practitioner duly appointed by the employer;
or (b) if
no such medical practitioner is appointed or, if having regard to
the nature or circumstances of the illness, the services of the medical
practitioner so appointed are not obtainable within a reasonable
time or distance, by any other registered medical practitioner or
by a medical officer; be entitled
to paid sick leave. (aa)
Where no hospitalisation is necessary: (i)
of fourteen days in the aggregate in each calendar year if the
employee has been employed for less than two years; (ii)
of eighteen days in the aggregate in each calendar year if the
employee has been employed for two years or more but less than
five years; (iii)
of twenty-two days in the aggregate in each calendar year if the
employee has been employed for five years or more; or (bb)
of sixty days in the aggregate in each calendar year if hospitalisation
is necessary, as may be certified by such registered medical practitioner
or medical officer: Provided
that the total number of days of paid sick leave in a calendar year
which an employee is entitled to under this section shall be sixty
days in the aggregate. And provided
further that if an employee is certified by such registered medical
practitioner or medical officer to be ill enough to need to be hospitalised
but is not hospitalised for any reason whatsoever, the employee shall
be deemed to be hospitalised for the purposes of this section. (1A) An
employee shall also be entitled to paid sick leave under paragraphs
(aa) and (bb) of subsection (1) after examination by a dental surgeon
as defined in the Dental Act, 1971 . Provided
that the entitlement for such sick leave shall be inclusive of the
number of days provided for under paragraphs (aa) and (bb) of subsection
(1). (2) An employee
who absents himself on sich leave: (a) which
is not certified by a registered medical practitioner or a medical
officer as provided under subsection (1) or a dental surgeon as provided
under section (1A); or (b) which
is certified by such registered medical practitioner or medical officer
or dental surgeon, but without informing or attempting to inform
his employer of such sick leave within forty-eight hours of the commencement
thereof: shall
be deemed to absent himself from work without the permission of his
employer and without reasonable excuse for the days on which he is
so absent from work. (3) The
employer shall pay the employee his ordinary rate of pay for every
day of such sick leave, and an employee on a monthly rate of pay shall
be deemed to have received his sick leave pay if he receives from his
employer his monthly wages, without abatement in respect of the days
on which he was on sick leave, for the month during which he was on
such sick leave. (4) No employee
shall be entitled to paid sick leave for the period during which the
employee is entitled to maternity allowance under Part IX, or for any
period during which he is receiving any compensation for disablement
under the Workmen's Compensation Act, 1952, or any periodical payments
for temporary disablement under the Employees Social Security Act,
1969.