Some companies don't insist upon a medical certificate in case medical leave is taken for a single day because minor ailments like headaches and stomach pain, which an employee might have around the time of their leaving for work, might improve even before they go to a doctor.
Crediting 1 day of CL and 1 day of SL each month is not fair. Most companies provide credit for all CL and SL that employees are entitled to in a year at the beginning of the calendar year itself. This practice would help employees avoid loss of pay (LOP) at the start of the year. At the time of resignation, the leave entitlement until then is calculated on a pro-rata basis, and any leave taken in excess of that is considered as LOP, with the amount being recovered.
Sanu Soman
From India, Madras
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2Crediting 1 day of CL and 1 day of SL each month is not fair. Most companies provide credit for all CL and SL that employees are entitled to in a year at the beginning of the calendar year itself. This practice would help employees avoid loss of pay (LOP) at the start of the year. At the time of resignation, the leave entitlement until then is calculated on a pro-rata basis, and any leave taken in excess of that is considered as LOP, with the amount being recovered.
Sanu Soman
From India, Madras
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Dear Friends,
I agree with most of the comments which are in line with the practices in most of the organizations we work with. However, as per Government Rule (from which all the rules have originated - I believe) and the 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 organization leave entitlement is on a pro-rata basis, I suggest you insist on a medical certificate if the absence on medical grounds is more than 3 days. Still, in the absence less than 3 days, it can be accepted simply on a declaration that he/she was sick. However, if someone is availing sick leave that way regularly as a matter of habit, action can be taken, including that of seeking a second medical opinion regarding his/her illness as well as fitness to join duties by referring to a company-recognized medical practitioner/hospital.
Regards, R.N. Pratihari
From India, Bhubaneswar
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I agree with most of the comments which are in line with the practices in most of the organizations we work with. However, as per Government Rule (from which all the rules have originated - I believe) and the 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 organization leave entitlement is on a pro-rata basis, I suggest you insist on a medical certificate if the absence on medical grounds is more than 3 days. Still, in the absence less than 3 days, it can be accepted simply on a declaration that he/she was sick. However, if someone is availing sick leave that way regularly as a matter of habit, action can be taken, including that of seeking a second medical opinion regarding his/her illness as well as fitness to join duties by referring to a company-recognized medical practitioner/hospital.
Regards, R.N. Pratihari
From India, Bhubaneswar
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Dear Sojuloyola,
After going through your Leave policy, it is observed that under the head of Maternity Leave, you have restricted the benefit of a maximum of 90 days only for the birth of two children. This is contrary to the Act. If it is restricted only for two children, please quote the section of the M B Act, 1961, for further examination of the matter at hand.
Just like you, some of the other members are also of the view that a probationer is not entitled to any kind of leave during the probation period. In my view, he is also covered in one of the categories of workmen/employees. He is entitled to have CL/SL/Maternity Leaves during the probation period.
As you must be aware, CL/SL are granted and regulated under either the State Shops & Commercial Establishment Act or the State Industrial Establishment (National & Festival Holidays and casual & Sick Leaves) Act. Sick Leaves and Maternity Leaves may also be taken under the ESI Act, 1948. Since you have not mentioned the relevant State Act, no comments can be provided regarding the grant of the number of leaves at a time, the procedure, and conditions of these leaves. It is essential to go through these Acts as they provide answers to these queries.
Opinions/comments submitted as requested. Now, it is up to you and your company whether you consider them or not.
Regards, R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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After going through your Leave policy, it is observed that under the head of Maternity Leave, you have restricted the benefit of a maximum of 90 days only for the birth of two children. This is contrary to the Act. If it is restricted only for two children, please quote the section of the M B Act, 1961, for further examination of the matter at hand.
Just like you, some of the other members are also of the view that a probationer is not entitled to any kind of leave during the probation period. In my view, he is also covered in one of the categories of workmen/employees. He is entitled to have CL/SL/Maternity Leaves during the probation period.
As you must be aware, CL/SL are granted and regulated under either the State Shops & Commercial Establishment Act or the State Industrial Establishment (National & Festival Holidays and casual & Sick Leaves) Act. Sick Leaves and Maternity Leaves may also be taken under the ESI Act, 1948. Since you have not mentioned the relevant State Act, no comments can be provided regarding the grant of the number of leaves at a time, the procedure, and conditions of these leaves. It is essential to go through these Acts as they provide answers to these queries.
Opinions/comments submitted as requested. Now, it is up to you and your company whether you consider them or not.
Regards, R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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You have not clearly explained the policy. "Allowing" means, are you allowing an employee to avail only one day of leave on account of sickness and one day of leave for a casualty, or can the employee earn one sick leave per month of his working? In that way, he earns 12 sick leaves and 12 casual leaves in a year. If he completes six months of service in your company, he gets six days of sick and casual leave to his credit.
Secondly, can your company allow the availing of leave by combining casual leave with sick leave? Some organizations do not allow this. Normally, a doctor's certificate is insisted upon for leaves exceeding three days. For one or two days, insisting on a doctor's certificate is ridiculous. Sometimes, discretion is the only correct policy. If you are confident in the assistant, then proceed with your discretion.
From India, Vijayawada
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Secondly, can your company allow the availing of leave by combining casual leave with sick leave? Some organizations do not allow this. Normally, a doctor's certificate is insisted upon for leaves exceeding three days. For one or two days, insisting on a doctor's certificate is ridiculous. Sometimes, discretion is the only correct policy. If you are confident in the assistant, then proceed with your discretion.
From India, Vijayawada
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Casual leaves and sick leaves are calculated on a pro rata basis. Yes, you are correct that if your company gives one CL and SL per month, you need to deduct the salary. However, you can calculate his previous months' CL and SL balance. If he hasn't taken either of them in previous months, you can simply add them and maintain his CL and SL balance, which will overcome his LWP.
From India, Gurgaon
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From India, Gurgaon
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The leave policy designed by your company seems inhuman and needs modification on practical grounds. To my understanding, casual leave cannot be planned, and prior permission should not be required. Informing the superior or authority should suffice. Secondly, sick leave should be granted without a medical certificate, at least for two days, as many times you may not prefer to contact a doctor for small causes like ordinary fever, stomach ache, or diarrhea. Such policies disappoint employees who work hard for the company.
From India, Ahmadabad
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From India, Ahmadabad
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Dear Soju,
Leave policy varies from company to company. However, the ESI Act provides for compensation for the 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
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Leave policy varies from company to company. However, the ESI Act provides for compensation for the 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
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Dear,
In the present time, retaining quality is more important than haggling over one or two days. Assess how much he actually contributes to your company goals. Sit with him and ask him the real purpose for absenting himself. It is the man behind the machine that needs to be valued more 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
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In the present time, retaining quality is more important than haggling over one or two days. Assess how much he actually contributes to your company goals. Sit with him and ask him the real purpose for absenting himself. It is the man behind the machine that needs to be valued more 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
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Hi Soju,
Frankly speaking, you need to look up your leave policy objectively and consider changing it. It is asking too much from an employee to submit a medical certificate or bills for medicine purchases to prove that they were ill for a day. I am sure you have also fallen ill for a day sometimes in your life and recovered without visiting a doctor or buying any medicine.
Since medical leave is a contingency-based leave, proof of illness will be necessary. However, you can always make it proof-free for two days. Beyond that, proof may be required. Generally, medical leaves are not converted into casual leave. Nowadays, casual leaves lapse at the end of the year and are not encashed. Therefore, many organizations allow unused casual leaves to be converted into medical leaves which may be used by the employee during their service tenure.
Best,
Jai
From India
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Frankly speaking, you need to look up your leave policy objectively and consider changing it. It is asking too much from an employee to submit a medical certificate or bills for medicine purchases to prove that they were ill for a day. I am sure you have also fallen ill for a day sometimes in your life and recovered without visiting a doctor or buying any medicine.
Since medical leave is a contingency-based leave, proof of illness will be necessary. However, you can always make it proof-free for two days. Beyond that, proof may be required. Generally, medical leaves are not converted into casual leave. Nowadays, casual leaves lapse at the end of the year and are not encashed. Therefore, many organizations allow unused casual leaves to be converted into medical leaves which may be used by the employee during their service tenure.
Best,
Jai
From India
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