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In Chennai, a teacher serving in a renowned CBSE sr. sec. edu. school applied for medical leave after undergoing a surgery. The teacher was advised by the medical specialist to take three weeks bed rest and issued the medical certificate to the effect. The teacher applied for medical leave along with the hospital documents and the medical certificate. The school while accepting the application conveyed to the teacher that under their leave rule policy they will first adjust the medical leave against the casual leave/earned leave due to the teacher for the academic year 2019-20 and the balance will be treated as medical leave. Further, they said that they do not want the fitness certificate. The teacher cannot avail Casual/ arned Leave whenever any emergency arises during the academic period, since they have adjust it against the medical leave, and is compelled to go leave on Loss of Pay/Leave without Pay.
My question is: Whether each school can have their own leave rule policy; or are they not bound by the provisions of the extant leave rule policy of the state/Central govt? Can the medical leave be changed to adjust against any other leave by the school at their will? Here, the teacher is made to suffer even though proper documents and procedures have been followed. Is it right/proper on the part of the school to do so? Clarification is needed so that thousands of teachers in this profession can be saved from the exploitation of the authorities.
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If the employee have enough accrued sick leave into her account then that can be adjusted primarily against her period of absence due to sickness. In the absence of sick leave employer has the right to adjust against CL/PL.
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