An employee who has worked for the company for more than 5 years, has been admitted to hospital for 5 days. Later on, the doctor issued medical leave of 40 days. So, in this case, does hospitalisation entitlement of 60 days apply?? If yes, after claiming this 60days hospitalisation entitlement, does he still entitle for 22 days medical leave then?
A proviso in Section 60F of the Employment Act states as follow:
" 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."
So, if the period of 40 is treated as hospitaliation, then the total of hospitalisaion comes to 45 days. As such he will still have (60-45) 15 days for ordinary sick leave.
I think that it will be better for you consult the Labour Department about the question raised by you because there can be different interpretations.
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