Umakanthan53
Labour Law & Hr Consultant
Ravi5554
Asst.manager -hr
+3 Others

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I'm working in a BPO in delhi/ncr. Im a married family man. We are not well since 3-4 days, i have shown the medical papers as well but still my company threatening to Terminate me.
My manager is behaving cruel and not understanding the problem. pl suggest is it possible to terminate a employee if he is taking medical leaves.
Whom should i approach in this case.


Hi,
1.For eligibility of Family and medical leave act, your organization should have 50 employees, then you can avail this benefit.
2..Second, you must have worked for the employer for at least 1250 hours in the 12 months before you take leave.
3. Lastly, you must work at a location where the employer has at least 50 employees within 75 miles of your worksite. So even if your employer has more than 50 employees, if they are spread out and there are not 50 employees within 75 miles of where you work, you will not be eligible to take FMLA leave.
4.FMLA leave is unpaid leave
If you are faced with a health condition that causes you to miss work, whether it is because of your own serious health condition or to care for a family member with a serious health condition, you may be able to take up to 12 weeks of job-protected time off under the FMLA.

From India, Mumbai
Thanks AdItya, I need some more clarity in it since im a loyal employee and working since more than 2 years. How a company start threatening a employee in need.

respected team,
Kindly help to get tje way out of this.....how can a manager threat a employee to terminate from job if his performance is not poor and hv been working with his loyaloty since long.
Regard s....


Hi,
In following cases your employer can terminate you......
1.Resignation or retirement
2.Death of an employee
3.Abandonment of employment
4.Termination due to unsatisfactory performance
5. Termination of probationary employment
6.Termination due to serious misconduct
7.Termination on the grounds of ill health

From India, Mumbai
It is common in private companies.
Though there are labour Acts, if the employer does not want any person in his service, he will harass all the day and all along till
the employee resign and go..
Even after harassment, if any employee wanted to continue in service it will be a hell. there won't be peace of mind.
In such situation, it better for the employee to leave the Co. voluntarily by giving resignation and by taking full and final settlement.

From India, Hyderabad
Aditya,
Which Indian law provide for the FMLA leaves?.FMLA Act 1993 is an American law which has no relevance in India.
Why an employer wants to ' terminate ' an employee who resigns or superannuate or dies?
Varghese Mathew

From India, Thiruvananthapuram
I don't understand what the source Aditya referred to to answer a question relating to the brutal threat of dismissal just on the ground of availing of leave of 3-4 days on unexpected medical grounds. Let not the questioner attach too much of importance to the above answer given in good faith and excess of enthusiasm. Ravindra, you might have heard about Theory X propounded by Douglas McGregor suggesting that most people must be coerced, controlled and threatened with punishment to make them work. That's why typical managers are highly authoritative and at times insensitive even to sincere employees when their conduct is contrary to expectations and take up the weapon of threat. It is a negative style of management to keep the employees under constant fear of punishment. So, don't be scared. Try to work smartly to catch his attention and when he is in a good mood express your regrets to have triggered his anger by your unexpected and unavoidable absence and he will cool down.
From India, Salem
Generally leaves are available for all kinds of employees/workers. As such, you can not claim that leave is as right that you can avail at any time. For management also sanctioning/denying leave is tight rope walking. Establishments are suppose to have "leavae reserves" to adjust and accommodate people who go leave of one kind or other. Lest, if the person on leave, his work should shared by other colleges and it is overburden to them. In any case, to that extent production is tardy or total loss. But on the other hand "family health or health is reason for leave 3 or 4 days". Heavens are not going to fall if the establishment accommodates leave for few days. That need not be considered as globle issue. If they intend to deny leave, it may not be a single issue of leave alone. That might be culmination of factors, which I donot want elaborate. Take up the issue with the concerned authorities for an amicable settlement. Now-a-days there are none to sort out the issue, on behalf of the affected party.
From India, Nellore
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