I am working in a public limited company in the capacity of executive and recently due to my ill health I have availed sick leave from 18.11.2019 to 03.01.2020 and applied leave in the employee portal as well sent email to hr about my illness followed by medical certificate.
Unfortunately my GM- HR made LOP on the ground Unauthorised Leave from 01.12.2019 to 31.12.2019, full month and no salary is paid for the full month and House rent and other allowances are also not paid.
I have 169 days of Sick Leave and 63 days of Privileged leave balance .
No prior intimation of LOP is made to me. No LOP sanction communication is also made to me.
In the medical certificate Doctor has recommended for Bed Rest which our HR is not accepting.
They have not informed me regarding the same before sanctioning of LOP.
From India, New Delhi
Unfortunately my GM- HR made LOP on the ground Unauthorised Leave from 01.12.2019 to 31.12.2019, full month and no salary is paid for the full month and House rent and other allowances are also not paid.
I have 169 days of Sick Leave and 63 days of Privileged leave balance .
No prior intimation of LOP is made to me. No LOP sanction communication is also made to me.
In the medical certificate Doctor has recommended for Bed Rest which our HR is not accepting.
They have not informed me regarding the same before sanctioning of LOP.
From India, New Delhi
Seems that the poster was on continuous leave of 51 days in total on the ground of illness supported by a medical certificate.
The leave applied for specifically was sick leave.
No mention in the post about the particular type or classification of the establishment other than the entity being a public limited company.
Therefore, the accumulated leave credit either by way of statutory sick leave or earned or privilege leave could not be to the extent mentioned in the post unless so provided for in the leave regulations of the company.
By implication, it seems that the first 13 day's spell of the leave pertaining to the second half of the month of November alone stands sanctioned while the next spell pertaining to the whole December stands treated as unauthorised absence resulting in LOP.
LOP might be correct but not the treatment of absence as unauthorized one because there was prior intimation by the poster of his intended leave on medical grounds with a duly attached doctor's certificate. If the HR was suspecious about the genuineness of the doctor's opinion, he could have referred the poster for the examination of a medical board. In any case it can be LOP but not an unauthorized absence.
The poster may bring this position to the notice of the HR for his reconsideration and treat the leave as authorised leave on loss of pay.
From India, Salem
6018The leave applied for specifically was sick leave.
No mention in the post about the particular type or classification of the establishment other than the entity being a public limited company.
Therefore, the accumulated leave credit either by way of statutory sick leave or earned or privilege leave could not be to the extent mentioned in the post unless so provided for in the leave regulations of the company.
By implication, it seems that the first 13 day's spell of the leave pertaining to the second half of the month of November alone stands sanctioned while the next spell pertaining to the whole December stands treated as unauthorised absence resulting in LOP.
LOP might be correct but not the treatment of absence as unauthorized one because there was prior intimation by the poster of his intended leave on medical grounds with a duly attached doctor's certificate. If the HR was suspecious about the genuineness of the doctor's opinion, he could have referred the poster for the examination of a medical board. In any case it can be LOP but not an unauthorized absence.
The poster may bring this position to the notice of the HR for his reconsideration and treat the leave as authorised leave on loss of pay.
From India, Salem
Sir,
It is a housing finance company.
I have sufficient balance of sick leave of 169 days and privileged leave of 63 days.
Further I have served for 25 years and 10 months in the same company.
I have applied Sick leave in the appropriate employee portal supported by medical certificate.
I am suffering from Lumber Spondylites which required complete rest as advised by my doctor.
Further I am suffering from diabetes , hypertension and thyroid.
Due the above chronic disease I am suffering from severe back pain .
My leave is genuine and the same is well informed through the leave portal as per company rules.
Kindly advise further.
Regards,
R K Satapathy
From India, New Delhi
It is a housing finance company.
I have sufficient balance of sick leave of 169 days and privileged leave of 63 days.
Further I have served for 25 years and 10 months in the same company.
I have applied Sick leave in the appropriate employee portal supported by medical certificate.
I am suffering from Lumber Spondylites which required complete rest as advised by my doctor.
Further I am suffering from diabetes , hypertension and thyroid.
Due the above chronic disease I am suffering from severe back pain .
My leave is genuine and the same is well informed through the leave portal as per company rules.
Kindly advise further.
Regards,
R K Satapathy
From India, New Delhi
Dear Mr.Satapathy
Accumulated 63 Pl and 169 SL suggest that your are enjoying leaves over and above the statutory provisions. I suggest to refer to the leave policy of the company. There are rules defined for applying and sanction of leave. The applied leaves are subject to approval or disapproval by the approving authority, based on which these are treated in payroll, either as paid leave or as LWP. Merely having a sufficient leave balance doesn't entitle an employee to avail N number of leaves at a stretch.
My personal opinion is that in-spite of the statutory provisions and entitlement as per company policy, leave should always be considered as a privilege and not a right. After-all its payment for the days not actually worked by the employee. Still you have every right to seek clarification from your HR team.
Regards
Jaspreet Singh Janeja
From India, Chandigarh
Accumulated 63 Pl and 169 SL suggest that your are enjoying leaves over and above the statutory provisions. I suggest to refer to the leave policy of the company. There are rules defined for applying and sanction of leave. The applied leaves are subject to approval or disapproval by the approving authority, based on which these are treated in payroll, either as paid leave or as LWP. Merely having a sufficient leave balance doesn't entitle an employee to avail N number of leaves at a stretch.
My personal opinion is that in-spite of the statutory provisions and entitlement as per company policy, leave should always be considered as a privilege and not a right. After-all its payment for the days not actually worked by the employee. Still you have every right to seek clarification from your HR team.
Regards
Jaspreet Singh Janeja
From India, Chandigarh
Dear Satapathy,
Very well I can understand both the genuineness and the severity of your disease.
But the point here is that you cannot have so much of SL and PL accumulation at your credit. I think that being a housing finance company situated at New Delhi, your establishment would be coming under the Delhi Shops & Establishments Act,1954.
As per section 22(1)(a) of the above Act, you are entitled to only 15 days of Privilege Leave in a year.
As per ss (1 A)(i) of sec.22, the maximum no of accumulation at a time can be only 3 times i.e., 45 days only.
As per clause (ii) of ss (1A) of sec.22, the Sick Leave admissible u/s 22(1)(b) shall not be accumulated.
Therefore, I am afraid that your calculation of accumulated leave cannot be correct.
Under these circumstances, the only possible suggestion appears to me is to submit a revised leave application for 45 days of PL and 6 days of SL so as to avoid LOP.
I WOULD LIKE TO REQUEST THE LEARNED MEMBERS FROM NEW DELHI to throw more light on the issue.
From India, Salem
Very well I can understand both the genuineness and the severity of your disease.
But the point here is that you cannot have so much of SL and PL accumulation at your credit. I think that being a housing finance company situated at New Delhi, your establishment would be coming under the Delhi Shops & Establishments Act,1954.
As per section 22(1)(a) of the above Act, you are entitled to only 15 days of Privilege Leave in a year.
As per ss (1 A)(i) of sec.22, the maximum no of accumulation at a time can be only 3 times i.e., 45 days only.
As per clause (ii) of ss (1A) of sec.22, the Sick Leave admissible u/s 22(1)(b) shall not be accumulated.
Therefore, I am afraid that your calculation of accumulated leave cannot be correct.
Under these circumstances, the only possible suggestion appears to me is to submit a revised leave application for 45 days of PL and 6 days of SL so as to avoid LOP.
I WOULD LIKE TO REQUEST THE LEARNED MEMBERS FROM NEW DELHI to throw more light on the issue.
From India, Salem
Dear All,
As per our Service rules we can have 240 days of Sick Leave accumulated during our service and also 240 days of Privileged Leave accumulated during our service. As per our service rules employees are entitled to avail genuine Sick Leave N number of days upto the leave balance and after the balance leave is exhausted Privileged Leave will be debited and after that Loss of pay. In case of any doubt of Sick Leave, employee has to be referred to a company doctor for medical checkup and certification for further decision.
The Company is based at Bangalore and I am presently posted at Hyderabad, Telengana State as Chief Manager in the Public Limited Housing Finance Company. Presently I am not heading any Branch.
I have applied Sick Leave in the Employee Leave Portal as per Company Procedure supported by Medical Certificate.
Sick Leave applied is from 18.11.2019 to 03.01.2020.
18.11.2019 to 30.11.2019 = 13 days
01.12.2019 to 31.12.2019 = 31 days
01.01.2020 to 03.01.2020=03 days
-----------
Total = 47 days
I have reported to duty on the next date and submitted fitness certificate.
My Sick Leave is genuine and I have got accumulated Sick Leave Balance of 169 Days and Privilege Leave Balance of 63 days till 31.12.2019. Further Privilege Leave of 30 days will be added to 63 as on 01.01.2020.
Every Year we are entitled for 12 days of Casual Leave, 15 days of sick leave and 30 days of privilege Leave as per our Leave policy of the Company and unavailed leave will be accumulated upto 240 days of Sick Leave and 240 days of privilege leave and may be availed subsequently depending upon the need and necessity .
Further we can en-cash 30 days of privilege leave in each two years at the time of availing Leave Fare Concession.
As per our company leave policy if an employee avails more than 90 days of sick leave at a time, then the employee will be referred to company doctor for medical checkup and certificate.
There are instances employees are granted Sick Leave for more than 60 days at a stretch.
Kindly guide me further .
Regards,
R K Satapathy
From India, New Delhi
As per our Service rules we can have 240 days of Sick Leave accumulated during our service and also 240 days of Privileged Leave accumulated during our service. As per our service rules employees are entitled to avail genuine Sick Leave N number of days upto the leave balance and after the balance leave is exhausted Privileged Leave will be debited and after that Loss of pay. In case of any doubt of Sick Leave, employee has to be referred to a company doctor for medical checkup and certification for further decision.
The Company is based at Bangalore and I am presently posted at Hyderabad, Telengana State as Chief Manager in the Public Limited Housing Finance Company. Presently I am not heading any Branch.
I have applied Sick Leave in the Employee Leave Portal as per Company Procedure supported by Medical Certificate.
Sick Leave applied is from 18.11.2019 to 03.01.2020.
18.11.2019 to 30.11.2019 = 13 days
01.12.2019 to 31.12.2019 = 31 days
01.01.2020 to 03.01.2020=03 days
-----------
Total = 47 days
I have reported to duty on the next date and submitted fitness certificate.
My Sick Leave is genuine and I have got accumulated Sick Leave Balance of 169 Days and Privilege Leave Balance of 63 days till 31.12.2019. Further Privilege Leave of 30 days will be added to 63 as on 01.01.2020.
Every Year we are entitled for 12 days of Casual Leave, 15 days of sick leave and 30 days of privilege Leave as per our Leave policy of the Company and unavailed leave will be accumulated upto 240 days of Sick Leave and 240 days of privilege leave and may be availed subsequently depending upon the need and necessity .
Further we can en-cash 30 days of privilege leave in each two years at the time of availing Leave Fare Concession.
As per our company leave policy if an employee avails more than 90 days of sick leave at a time, then the employee will be referred to company doctor for medical checkup and certificate.
There are instances employees are granted Sick Leave for more than 60 days at a stretch.
Kindly guide me further .
Regards,
R K Satapathy
From India, New Delhi
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