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kiran-verma
Hi ,
I am a HR with a reputed company , and came across a new incident. Can you please help with the below :
As per company medical policy , we accrue the 7 medical leaves in an employee account in the starting of the year.
One of the employee resigned the organization in feb but has taken 4 medical leaves in Jan . Can we recover the 3.5 medical leave in his full and final as per Indian law/Compliance ?
Looking forward for the reply.
Thanks in Advance.

From India
Madhu.T.K
4207

Your credit of 7 days is for 12 months. Therefore, if he leaves the company in one or two months, you can recover the prorata leave on final settlement. There is no illegality in it. But make sure that:
1. As per your state labour law, the maximum sick leave to which an employee is entitled to is only 7
2. The issue is not with regard to an employee coming under the category of workman.
If your establishment is a factory, then there will not be any issue because there is nothing called sick leave as per Factories act and is you give 7 days SL, it is over and above what is statutory leave and as such the management has the right to frame the rules relating to it, provided there is no settlement with the workers in which the matter of sick leave is also mentioned as part of their service conditions.
In case of establishments covered by State's Shops and Commercial Establishments Act, please see what is the maximum SL as per the said Act. If it is 12 days, then please do not go for any recovery of leave granted. It will create more issues, if the employee goes legally.
In any case, if the employee is a workman category employee, please avoid such recoveries because this will again create further complications saying that whatever you have recovered is something that is not permitted u/s 7 of the Payment of Wages Act!
Moreover, you should have a leave policy in which it should be stated that CL or SL will be granted proportionately and in emergency situations only SL for more than 3 days will be granted without considering the length of service in the calendar year and pro rata recovery will be made from the employees who leaves the company.
I believe that an HR of a reputed company will not make the scene worse just to recover a couple of days' salary paid.

From India, Kannur
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