Some companies don't insist upon Medical certificate in case Medical leave is taken for a single day,because minor ailments like head ache and stomach pain , which an employee might have around the time of their leaving for work, might become all right even before they go to a doctor.
Crediting 1 day CL and 1 day SL each month is not fair.Most companies give credit of all CL and SL that employees are entitled to a year at the beginning of the calandar year itself.This would help the employees avoid LOP in the beginning of the year.And at the time of resignation, the leave entitlement until then is calculated on pro rata basis and any leave taken in excess of that is considered as LOP and the amount recovered.
Sanu Soman
From India, Madras
2Crediting 1 day CL and 1 day SL each month is not fair.Most companies give credit of all CL and SL that employees are entitled to a year at the beginning of the calandar year itself.This would help the employees avoid LOP in the beginning of the year.And at the time of resignation, the leave entitlement until then is calculated on pro rata basis and any leave taken in excess of that is considered as LOP and the amount recovered.
Sanu Soman
From India, Madras
Dear Friends
I agree with most of the comments which are in line with the practices in most of the organisations we work with. However as per Govt Rule( from which all the rules have originated- I believe) and ESI Act, sick leave is admissible only in the case the absence is more than 3 days and it should be supported by a proper medical certificate. Since in your organisation leave availmement is on pro-rata basis, I suggest you insist on medical certificate if the absence on medical ground is more than 3 days but in absence less than 3 days it can be accepted simply on declaration that he/she was sick. But if someone is availaing sick leave that way regularly as a matter of habit, action can be taken including that of taking second medical opinion regarding his/her illness as well as fitness to join duties by referring to a company recognised medical practioner/hospital.
Regards
R.N.Pratihari
From India, Bhubaneswar
I agree with most of the comments which are in line with the practices in most of the organisations we work with. However as per Govt Rule( from which all the rules have originated- I believe) and ESI Act, sick leave is admissible only in the case the absence is more than 3 days and it should be supported by a proper medical certificate. Since in your organisation leave availmement is on pro-rata basis, I suggest you insist on medical certificate if the absence on medical ground is more than 3 days but in absence less than 3 days it can be accepted simply on declaration that he/she was sick. But if someone is availaing sick leave that way regularly as a matter of habit, action can be taken including that of taking second medical opinion regarding his/her illness as well as fitness to join duties by referring to a company recognised medical practioner/hospital.
Regards
R.N.Pratihari
From India, Bhubaneswar
Dear Sojuloyola,
After going through your Leave policy it is observed that under the head of Maternity Leave you have restricted the benefit of maximum leaves of 90 days only for birth of two children. It is of course contrary to this Act. If it is restricted only for two children then please quote the section of M B Act, 1961 for further examination of the matter in hand.
Just like you some of the other cither members are also of the view that a probationer is not entitled to any kind of leave during probation period. In my view he is also cover in one of the category of workman/employee. He is also entitled to have CL/SL/ Maternity Leaves during the probation period.
As you must be knowing that CL/SL are granted & regulated under either the State Shops & Commercial Establishment Act or the State Industrial Establishment (National & Festival Holidays and casual & Sick Leaves ) Act. Sick Leaves & Maternity Leaves may also be taken under ESI Act, 1948. As you have not mentioned the relevant State Act, therefore, no comments can be provided regarding grant of no. of leaves at a time, the procedure & conditions of these leaves. We must go through these Acts as these are having replies to these queries.
Opinion /comments submitted as requested. Now it is up to you & your company whether you consider or not.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
After going through your Leave policy it is observed that under the head of Maternity Leave you have restricted the benefit of maximum leaves of 90 days only for birth of two children. It is of course contrary to this Act. If it is restricted only for two children then please quote the section of M B Act, 1961 for further examination of the matter in hand.
Just like you some of the other cither members are also of the view that a probationer is not entitled to any kind of leave during probation period. In my view he is also cover in one of the category of workman/employee. He is also entitled to have CL/SL/ Maternity Leaves during the probation period.
As you must be knowing that CL/SL are granted & regulated under either the State Shops & Commercial Establishment Act or the State Industrial Establishment (National & Festival Holidays and casual & Sick Leaves ) Act. Sick Leaves & Maternity Leaves may also be taken under ESI Act, 1948. As you have not mentioned the relevant State Act, therefore, no comments can be provided regarding grant of no. of leaves at a time, the procedure & conditions of these leaves. We must go through these Acts as these are having replies to these queries.
Opinion /comments submitted as requested. Now it is up to you & your company whether you consider or not.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
you have not clearly explained the policy. "allowing" means is it that you are allowing an employee to avail only one day leave on account of sick nd one day leave against casuality, or the employee can earn one sick leave per one month of his working. in that way he earns 12 sick leave and 12 casual leave in a year. if he complets six months of service in your company he gets SIX day of sick and casual leave to his credit.
secondly can your company allow aviling of leave combining casual leave with sick leave. some orgns does not allow this.
normally doctor certificate is insisted for the leave more than three days. for one day or two days insisting doctor certificate is rediculs. certain times discretion is the only correct policy. if you are confident of the assistant then do it with your discretion.
From India, Vijayawada
secondly can your company allow aviling of leave combining casual leave with sick leave. some orgns does not allow this.
normally doctor certificate is insisted for the leave more than three days. for one day or two days insisting doctor certificate is rediculs. certain times discretion is the only correct policy. if you are confident of the assistant then do it with your discretion.
From India, Vijayawada
Casual Leaves and Sick leaves are calculated on pro rata basis.Yes, you are correct that if your company gives one CL and SL per month you need to deduct the salary but you can calculate his previous months CL and SL balance.If he hasn't taken any one of them in previous months than you can just add them and maintain his CL and SL balance which will overcome his LWP.
From India, Gurgaon
From India, Gurgaon
The leave policy designed by your company seems inhuman, needs modification on practical ground. To my understanding Casual leave can not be planned and and prior permission should not be required. Only informing the supirior/s or authority is enough. Secondly Sick leave should be granted without medical certificate atleast for tow days, as many a time you donot prefer to contact doctor for small casuses like ordinery Fever or Stomech ache or Diarrhea. Such policies disappoint emploees, working hard for the company.
From India, Ahmadabad
From India, Ahmadabad
Dear Soju
Leave policy varies from company to company. However, ESI Act provides for compensation for loss of pay due to medical leave. If your employees are covered under the ESI Act, you may not have to go for leave adjustments.
Regards
Satyen
From India, Calcutta
Leave policy varies from company to company. However, ESI Act provides for compensation for loss of pay due to medical leave. If your employees are covered under the ESI Act, you may not have to go for leave adjustments.
Regards
Satyen
From India, Calcutta
dear , in present time retaining quality is more important than haggling over one or two days assess how much does he actuallly contribute to your company goals
sit with him and ask him the real purpose for absenting himself . it is man behind the machine that needs to be valued than the procedures .well rules do have their place but focus on objectives must not be lost .look back into his performance in the last few years before taking any adverse action.
From India, New Delhi
sit with him and ask him the real purpose for absenting himself . it is man behind the machine that needs to be valued than the procedures .well rules do have their place but focus on objectives must not be lost .look back into his performance in the last few years before taking any adverse action.
From India, New Delhi
Hi Soju
Frankly speaking you need to look up at your leave policy objectively and change it.
It is asking too much from an employee to submit medical certificate or bills of medicine purchase to prove that he was ill for a day. I am sure you would have also fallen ill for a day sometimes in your life and would have recovered without visiting a doctor or purchasing any medicine.
Since medical leave is a contingency based leave , proof of illness will be necessary. But you can always make it proof free for two days. Beyond that proof may be required.
Generally medical leaves are never converted in to casual leave. Now a days casual leaves lapse at the end of the year and they are not encashed also. Therefore many organisations allow unused casual leaves to get converted in to medical leaves which may be used by the employee during his service tenure .
Best
Jai
From India
Frankly speaking you need to look up at your leave policy objectively and change it.
It is asking too much from an employee to submit medical certificate or bills of medicine purchase to prove that he was ill for a day. I am sure you would have also fallen ill for a day sometimes in your life and would have recovered without visiting a doctor or purchasing any medicine.
Since medical leave is a contingency based leave , proof of illness will be necessary. But you can always make it proof free for two days. Beyond that proof may be required.
Generally medical leaves are never converted in to casual leave. Now a days casual leaves lapse at the end of the year and they are not encashed also. Therefore many organisations allow unused casual leaves to get converted in to medical leaves which may be used by the employee during his service tenure .
Best
Jai
From India
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