Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional
+1 Other

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Hi, I am working in a company where i have been suffering from back pain due to this i went on leave .on a second day on my leave i informed to my supervisor with proper mail and medical certificate and request for 1 month break and after that i sent leave mail the hr also.but after some day my supervisor has sent me the mail that your leave was rejected.kindly report the office with immediate effect.
I requested to the hr that i am not able to come due to my illness she told me you have to report office any how.i have requested to the hr i would join after 10 days after taking some rest but she denied all .now they have sent me the absconding letter and pressurising me to join immediate. Kindly suggest me what i can do in this matter? Can company terminate me even if i have informed them and regularly communicating with them.

From India, Harnaut
Failure of an employee to report forthwith for duty on refusal of his/her leave applied for cannot be treated by the employer as absconding. Absconding from duty requires the ingredients of secrecy and non communication. If the employer suspects the medical report based on which leave is required by the employee, what he should do is referring the employee to a Medical Board and decide the matter accordingly as per the report of the Medical Board only. Without following this, if the employer decides to treat the issue as abscondence and terminate the services of the employee on that score, certainly such an act would be unjustified and illegal too.
From India, Salem
The reply by learned member Umakanthan covers all the aspects.
HR is either professional lacking or under pressure to terminate and get somebody else.
Persons who have a medical issue which is documented need to be treated sympathetically.
Please inform the company full details with all medical documentation.Probably us e the services of a lawyer and draft a letter covering all aspects of your medical problems.
But do not speak of having take legal recourse in case of termination which in this case as per what is written, wold be illegal.

From India, Pune
The suggestion of Mr Umakanthan is justified.
Whether your sick leave as per advice of treated doctor and advised you to be on bed rest for xyz period?
Your Hr simply can not declare you as absconding when you have provided intimation. Laws & rules come to picture, when you fight for termination on ground of absconding but the management they may act as per their wish.
In my suggestion you go and report on your duty with all medical papers and on second day you can go for further leave to satisfy their ego before the sword of termination fall upon your head.

From India, Mumbai
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™