bishu81 Started The Discussion:
I am working as an officer in a Nationalised Bank.Recently I have resigned, it has been accepted & now I am serving 3 months' notice period. I have plenty of Sick leave & PL to my credit. I was recently ill and applied for long sick leave backed by medical certificate. As per the norm of the Bank treatment certificate/MC should be submitted after 4 days for SL.As I was very ill I could submit the MC a bit late but I have informed my superiors over phone & mail. Now our ZO has called for explanation for belated submission of leave request for which I have apologised.To my reply they have again sent a letter citing few descrepancies in my letter. Actually since I have resigned they have now resorted to harassment & muscle-flexing. They even rejected my claim for LFC & leave encashment citing 'exigencies of services'.
My question to you all esteemed people are Whe I have plenty of leaves in credit, I have informed my seniors & I was seriously ill such that I could not come to office, can late leave-letter submission be considered against me?Can the ZO deduct my salary/gratuity/PF citing the long SL as unauthorised one??What remedy/argument do I have against them in such scenario?
Yes, if the sick leave taken by you is shown as unauthorised absence, then Salary is to be deducted.
For gratuity unauthorised absence is a break in continuous services, so if the number of years of service minus the unauthorised absence is less than 5, then you will be not eligible for gratuity.
If salary is not paid during the period , the PF Contribution from both sides will automatically reduced.
I would advise you that if your gratuity is not getting affected, then you should drop the issue, but you are the best judge and if it worth the trouble then you should proceed through the Grievance Handling Cell of Bank Employees/ or approach the Officer's Association for redressal.
I have a thought. Does any law says that we cannot take leave during notice period? Or is it mentioned in any appointment letters that Leave is not applicable during notice periods?
I am an employee of the company till by Last working day. I am eligible for company benefits till that date.
Regarding you sick leave submitted late, you would have to prove to your other superiors that you did phone and emailed your immediate supervisor that you would not be able to complete you sick leave application in due time. Print the emails sent to him/her and keep these as proof. And yes, unpaid leave would have to be deducted from your salary if this was not done in time. As per your annual leave, you can apply and take this during your notice period, but this will reduce your leave pay when it is paid out with your final salary.
Also to be on the safe side, refer to you LOA for confirmation of your company policy.
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