Queries
Hi, I worked in a MNC for 5 years. I recently fell sick and had taken leave for the same. Since my condition did not improve I had to take all my leaves (annual and sick). I was informed that my leaves got over and will go on unpaid leave to which I agreed since I had no option. Later I was asked to leave job and join back later once I recovered. Now I have received mail from HR asking me to pay for the unpaid leaves that I took or my relieving letter will not be given since the leaves will be given based on pro rata basis.

No body ever told me about paying to the co. Now my question is can the Co ask anyone to leave the job provided they are on sick leave with valid reasons. Second should the employee pay to the company for the unpaid leaves taken.
Anonymous

21st August 2017 From India, Hosur

PARTICIPATING IN DISCUSSION:
Dinesh Divekar
Business Mentor, Consultant And Trainer
Gopinath Varahamurthi
Ass.professor/adm. Officer Ar Sri Krishna
Aniket Pathak
Sr. Officer Hr
Svramana88
Jr Executive
Narayanrock
Hr Executive
+1 Other

Dear Friend,

When you have got sick, availed leave including medical leave, and leave without salary. Here there is no question of repaying for leave (unpaid). Secondly, since, you are continuing leave without knowing fit to services the MNC need to regularise the leave without salary on medical grounds and take you in their role on finding fit to service. When your MNC advised (as per your statement) you are availing the leave and promised of rejoining the same post with admissible remuneration, there is no recovery from you or you have enjoyed salary and perks beyond admissible limits.

If you have failed to give clear picture of your leave and issues then what ever you have given need be analysed.
21st August 2017 From India, Arcot
Anonymous 
Hi Gopinath Varahamurthi, thanks for your quick assistance. I have kept my Team lead and Manager aware of my health status, According to the company rules, only new Joinee (less than 1 year experience with the co) are applicable for pro-rata basis leave pattern. Since I have more than 4 years experience, I am not supposed to pay them now. HR is also delaying things by responding very late, they have taken more than 3 months to give me proper explanation. Do you think I can ask them to give my relieving letter without paying for the unpaid leaves taken.
21st August 2017 From India, Hosur
Dear friend,

Some times I wonder whether HRs of those MNCs have brains at the right places or not. Probably they select jerks who get rejected elsewhere.

When employee is unable to attend the duties because of the medical reasons or otherwise, there is a provision of take leave. When the leave balance gets exhausted, companies make provision for Leave Without Pay (LWP). In fact LWP is also a type of leave. In your case remuneration is not given for LWP, and yet HR is asking to pay you for the LWP period. Therefore, it will be double loss to the company.

I recommend you writing a letter to the Head HR. If he does not listen then write letter to the MD for the issue of relieving letter and the inordinate delay in issue of the relieving letter. If they remain over-smart then approach the Labour Officer (LO) of your area and explain your problem in chronological sequence. Carry with you the printout of the correspondence that had taken place. One single call from LO is more than sufficient to restore their levelheadedness.

Thanks,

Dinesh Divekar
21st August 2017 From India, Bangalore
Totally Agree with Dinesh Sir, They Cant ask Money for LWP given. But, According to their policy they might be asking payment for casual leave taken on prorate basis. That may be a possibility.
22nd August 2017 From India, Pune
Leave at times is paid in advance. CL, SL are allowed from DOJ but they are for one year. Company may allow you to avail full quantum of annual leave but is entitled to deduct advance leave paid for.
22nd August 2017 From India, Mumbai
i agree with Mr Dinesh , one can enjoy his leave upto the eligibility were he can . but even it is sick leaves and Cl evry thing will be given to the employees on pro data basis.
24th August 2017 From India, Visakhapatnam
This is an unfair behavior of company if you are sick and have valid proof of it. They must consider your request personally in your bad situation. You must ask about such policies if HR have otherwise you should take legal action against this.
28th August 2017 From India, Noida
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