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Sales Promotion Employees (Conditions Of Service) Act

Section:4, R.15 :Medical Leave

Obligation : To provide all sales promotion employees with medical leave as prescribed

Type:Preventive Compliance Frequency: Half Yearly

Action to be taken:
To provide all sales promotion employees with medical leave in addition to earned leave, casual leave or other prescribed leaves as follows:

To provide leave on medical certificate on one half of the wages for not less than one-eighteenth of the service provided that the employee can convert leave on half wages to half leave on full wages.

The employee has to provide a medical certificate from an authorised medical attendant, except as provided in R.15(1).

Leave may be taken in continuation of earned leave, and the employee can avail of sick leave even if earned leave is due.

Audit Requirement:
Are all sales promotion employees provided medical leave as prescribed ?

Supporting Documents:
Written Confirmation of Compliance

Related Sections:
Sales Promotion Employees (Conditions Of Service) Act, 1976
4:Leave:
(1) In addition to such holidays, casual leave or other kinds of leave as may be prescribed, every sales promotion employee [* * *] shall be granted, if so requested for-
(a) earned leave on full wages for not less than one-eleventh of the period spent on duty;
(b) leave on medical certificate on one-half of the wages for not less than one-eighteenth of the period of service.
[(2) The maximum limit up to which a sales promotion employee may accumulate earned leave shall be such as may be prescribed.
(3) The limit up to which the earned leave may be availed of at a time by a sales promotion employee and the reasons for which such limit may be exceeded shall be such as may be prescribed.
(4) A sales promotion employee shall,-
(a) when he voluntarily relinquishes his post or retires from service, or
(b) when his services are terminated for any reason whatsoever (not being termination as punishment),
be entitled to cash compensation, subject to such conditions and restrictions as may be prescribed (including conditions by way of specifying the maximum period for which such cash compensation shall be payable), in respect of the earned leave earned by him and not availed of.
(5) Where a sales promotion employee dies while in service, his heirs shall be entitled to cash compensation for the earned leave earned by him and not availed of.
(6) The cash compensation which will be payable to a sales promotion employee or, as the case may be, his heirs in respect of any period of earned leave for which he or his heirs, as the case may be, is or are entitled to cash compensation under sub-section (4) or sub-section (5), as the case may be, shall be an amount equal to the wages due to such sales promotion employee for such period.]


Sales Promotion Employees (Conditions of Service) Rules, 1976
Chapter:Holidays and Leave| 15:Medical leave:
(1) For the purposes of availing leave on medical certificate under clause (b) of section 4, the sales promotion employee shall produce a medical certificate from an authorised medical attendant:
PROVIDED that where a sales promotion employee has proceeded to a place other than his headquarters with the permission of his employer or in the course of the discharge of his duties and there falls ill, he may produce a medical certificate from any registered medical practitioner practising at the place where he falls ill:
PROVIDED FURTHER that the employer may, when the registered medical practitioner whose certificate is produced is not in the service of the Government, arrange at his own expense for the medical examination of the employee concerned by any Government Medical Officer not below the rank of a Civil Assistant Surgeon or by any other Medical Officer in Charge of a hospital run by a local authority or a public organisation at that place.
(2) Leave on medical certificate may be taken in continuation of earned leave.
(3) A sales promotion employee shall be entitled a this option to convert leave on medical certificate on one-half of the wages to half the amount of leave on full wages (hereinafter referred to as converted leave).
(4) Leave on medical certificate or converted leave may be granted to an employee at his request notwithstanding that earned leave is due to him.
(5) Every establishment may authorise one or more medical practitioners registered under the Indian Medical Council Act, 1956 (102 of 1956), as authorised medical attendants for the purposes of the Act or the rules made thereunder.