Dear Sir/Madam,
My wife is working in an educational institution. Post her maternity leave, she took a medical leave of 10 months based on the doctor's suggestion and prescription. The medical leave was approved by the organization without pay for 10 months.
Now my question is, "Is approved medical leave without pay for 10 months considered under the service for promotion or not?" If yes, please share the relevant document for it.
Thank you.
Regards,
Vivek
From India, undefined
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My wife is working in an educational institution. Post her maternity leave, she took a medical leave of 10 months based on the doctor's suggestion and prescription. The medical leave was approved by the organization without pay for 10 months.
Now my question is, "Is approved medical leave without pay for 10 months considered under the service for promotion or not?" If yes, please share the relevant document for it.
Thank you.
Regards,
Vivek
From India, undefined
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Your question of "approved medical leave without pay for 10 months considered under the service for promotion or not," is difficult to answer, as her employer shall have to take a call on that.
However, coming back to the subject line of your query, approved medical leave can be considered as continuous service, as the leave was requested along with substantiating proof and the same was approved by management. Hence, we cannot term it as unauthorized absence from duty.
For the purpose of gratuity payment, I am also reproducing the definition of continuous service:
QUOTE
2A. Continuous service.—For the purposes of this Act,— (1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as a break in service has been passed in accordance with the standing orders, rules, or regulations governing the employees of the establishment), lay-off, strike, or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
UNQUOTE
From India, Aizawl
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651However, coming back to the subject line of your query, approved medical leave can be considered as continuous service, as the leave was requested along with substantiating proof and the same was approved by management. Hence, we cannot term it as unauthorized absence from duty.
For the purpose of gratuity payment, I am also reproducing the definition of continuous service:
QUOTE
2A. Continuous service.—For the purposes of this Act,— (1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as a break in service has been passed in accordance with the standing orders, rules, or regulations governing the employees of the establishment), lay-off, strike, or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
UNQUOTE
From India, Aizawl
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Hi, It depends on that Institution, In normal course such long breaks will have impact on future Appraisal increment / promotions.
From India, Madras
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From India, Madras
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Thanks a lot for the reply. She has all the other eligibility except for a shortage of 6 months according to her current records. As this is an educational institution, they consider the number of years in the role as a fundamental factor for eligibility for promotion. If this approved 10-month medical leave is considered as continuous service, she would become eligible for promotion.
Is there any other document that discusses continuous service (during medical leave) apart from "2A. Continuous service. For the purposes of this Act"?
From India, undefined
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Is there any other document that discusses continuous service (during medical leave) apart from "2A. Continuous service. For the purposes of this Act"?
From India, undefined
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
End of Service and Leave Expenses.jpg