Dear Kavita
The sick is not mandatory for those are under ESI benefit. I assume your Gross (ESI Gross is below Rs 15000/-). You can apply for the payment through ESI for LOP due to sick. And PL is not mandatory until you complete 1 year.
The public holidays varies state to state.
From India, Bangalore
The sick is not mandatory for those are under ESI benefit. I assume your Gross (ESI Gross is below Rs 15000/-). You can apply for the payment through ESI for LOP due to sick. And PL is not mandatory until you complete 1 year.
The public holidays varies state to state.
From India, Bangalore
I have the following query .
A friend of mine works in a private college in Mumbai. She had applied for casual leave after taking the leave in the proper manner as prescribed by the college.
Query : whether the principal of the college can deny the Casual leave on the ground that casual leave is not a matter of right and that this has to be applied and approved before taking the leave .
While referring to the Maharashtra Employees of Pvt School conditions of service rule no 16 states that " Leave shall not be claimed as a matter of right . Discretion to grant , refuse or cancel leave ( other than casual leave ) is reserved ." Does this mean that taking casual leave is a right of the employee ? .Or that it is not right of the employee unless applied in advance and sanctioned ?
Why is it mentioned "Other than casual leave " - does it then mean that taking casual leave is a matter of right ?
Kindly provide your valuable feedback from those in this sector .
DC BABU
From India, Secunderabad
1A friend of mine works in a private college in Mumbai. She had applied for casual leave after taking the leave in the proper manner as prescribed by the college.
Query : whether the principal of the college can deny the Casual leave on the ground that casual leave is not a matter of right and that this has to be applied and approved before taking the leave .
While referring to the Maharashtra Employees of Pvt School conditions of service rule no 16 states that " Leave shall not be claimed as a matter of right . Discretion to grant , refuse or cancel leave ( other than casual leave ) is reserved ." Does this mean that taking casual leave is a right of the employee ? .Or that it is not right of the employee unless applied in advance and sanctioned ?
Why is it mentioned "Other than casual leave " - does it then mean that taking casual leave is a matter of right ?
Kindly provide your valuable feedback from those in this sector .
DC BABU
From India, Secunderabad
Leave of any kind is not a right of employee. When it relates to schools which are regulated by means of education rules also, you cannot take it as a right.
However, in certain cases the courts have ruled that leave is a right of worker. Please refer the same definition of worker as given in Industrial Disputes Act for this also.
I do differ from Sojan about sick leave to ESI covered employee. Nowhere in the Shops Act or other Acts it is mentioned that sick leave is applicable only to employees who are not covered by ESI. Therefore, if your state's Shops .....Act provides for sick leave it should be given to all including those under ESI. After all, employees under ESI will be getting sickness benefit subject to certain conditions, like, it will be available only during the benefit period, at least 78 days contribution should have been paid during the contribution period, for the first two days it will not be given (unless he falls sick within 15 days of first spell of sickness), the benefit is around 70% (recently it has been made 90%, I presume) of the average wages etc.
Madhu.T.K
From India, Kannur
However, in certain cases the courts have ruled that leave is a right of worker. Please refer the same definition of worker as given in Industrial Disputes Act for this also.
I do differ from Sojan about sick leave to ESI covered employee. Nowhere in the Shops Act or other Acts it is mentioned that sick leave is applicable only to employees who are not covered by ESI. Therefore, if your state's Shops .....Act provides for sick leave it should be given to all including those under ESI. After all, employees under ESI will be getting sickness benefit subject to certain conditions, like, it will be available only during the benefit period, at least 78 days contribution should have been paid during the contribution period, for the first two days it will not be given (unless he falls sick within 15 days of first spell of sickness), the benefit is around 70% (recently it has been made 90%, I presume) of the average wages etc.
Madhu.T.K
From India, Kannur
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Leave Policy.doc