Leave on medical grounds in abscence of leave policy - esi rules
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legal.acumen Started The Discussion:

Dear All,

There is a public limited company based out of Delhi. Company has no leave policy. An employee of the company working for the past 4 years stopped coming to the office. 7 days later his wife submitted a letter to the Company on behalf of the employee that the said employee has been hospitalized and attached the medical reports of the concerned doctor.

The Employee has not attended the office for more than 6 months now and is demanding 60 days paid leave on medical grounds.

In the abscence of any leave policy what course of action should be taken by this public limited company.

Regards

malikjs - Member Since: Nov 2007
dear
yours is a public limited company and your may be having standing ordersof the company.you pay medical leave as per your standing orders,which will be
not more than 10 days.
he can not be given 60 days paid leave.if your office is covered under delhi shop and establishment act than there is limitation of 12 days casual cum sick leave provision.in my view he can not demand ,it is you to decide about it ,you can give on humanitarian ground,otherwise legally he is not entitle
for the same.
tks
j s malik

rashidmusa - Member Since: Oct 2008
Dear Acumen of Law,

I can say, medical leave provison is not mandatory if your employee are covered under ESIC let him claim from ESIC. if not then see what is reasonable leave can be given to employee because employee claim for 60 days leave has no basis similarly your granting such leave must have some ground that you have to ensure as per advise of mr.malikjs.

Please do the needful.

Regards

Rashid

zill_dipali - Member Since: Mar 2008
I also agree with Rashid,If you deducted ESI contribution from his salary,then you have to grant his 60 days leave.Please see the ESI rules,if its applicable in your company. Regards, D.L

ahlawat07 - Member Since: Apr 2013
Hi All, I need to under go a surgery shortly. but my company is not giving me leaves, they are saying that first you resign and then start your treatment. Please what i can do in this...

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