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.
13th May 2009 From India, Delhi

Saudi Arabia
Compensation And Policy
India, Delhi
Gm (hr)
India, Ahmadabad
+2 Others

yours is a public limited company and your may be having standing ordersof the 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 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.
j s malik
13th May 2009 From India, Delhi
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.
13th May 2009 From Saudi Arabia
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
13th May 2009 From India, Ahmadabad
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...
6th April 2013 From India, Delhi

Discuss problems openly with your peers around the world without getting into company specifics. Access to years of such problem discussion data and business material is at your finger tips.
All resources created by our members are available to everyone at no cost.

Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.

About Us - Advertise - Contact Us - RSS   On Google+  
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network