Retired Government Servant/advocate
Legal Consultancy
Private Consultant On Labour Laws
Nisha 1705
Hr Manager

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One of the employee requested for leave , his leave was denied by his manager as some other employee in his team was already granted leave in prior.This employee proceeded ahead with the travel & submitted a medical certificate via email stating he is advised rest at outstation so he is following doctors instruction. Employee traveled form Mumbai to Amritsar via train(he mentioned this on mail). The medical certificate submitted was from Homeopath without any registration number, when questioned he submitted a document from MD doctor in Amritsar. How can he travel such long distance when advised rest. he resumed back & again in two days went on leave stating he is again advised rest.for that he has not submitted any medical documents. The root of the concern is in past one year he has taken several leaves all on medical grounds. Most of the time the medical reasons are different but certificate when ever asked is submitted from the same Homeopath doctor. I am not against any homeopath treatment but the reasons mentioned are not acceptable & they are never supported by any other document than the certificate.

Please advise me with all options available to tackle this situation. In genuine cases we have no issues in supporting employees even if its for three to four month but now I am believe he is taking advantage of that.

Thanks & Regards


From India, Gurgaon
Dear madam, If the employee is taking unauthorised leave and his work is being hampered, you can issue him a show cause notice, if these leaves are not sanctioned.
From India, Pune
Dear Mam,
If your company policy or Standing Orders of the company has provisions, you can send him to the particular or government doctor and seek second opinion about his sickness or illness. He doesn't seem to be interested in travelling, which may be due to his domestic reasons.You can call him and ask him for his such action with the assurance to help him if the reasons are genuine. Punishment doesn't work always.
BS Kalsi,
Member since August, 2011

From India, Mumbai
Leave is not a matter of right. The Leave Sanctioning Authority has the discretion to refuse leave, if situations so warrant.
If the authenticity of the medical certificate the employer can seek a scond opinion from a doctor of standing, or even from a medical board.
So also, if the emplyee is on frequent leave medical grounds his fitness for continuing in emplyment could also be got ascertained.
It is the norm in the Government that if an employee proceeds on leave on production of medical certificate, he cannot resume duty unless a fitness certificate is produced.

From India, Kochi
Many Thanks for all the advise & suggestions, This was really a great help & will surely help me manage & fix this issue. Regards Nisha
From India, Gurgaon
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