Labour Law & Hr Consultant
[email protected]
Hr Operations
Sr.manager - Hr&admin
Med. Superintendent

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one of my employee requested for two weeks leave for her eye surgery as per doctor note. can we allow that one? and if employee not having the sufficient SL balance which one they can utilize? we have three types of leave i.e CL, PL and SL.
please share your advice.

From India, Hyderabad
Dear Venkatesh,
Leave of absence from work is generally a welfare measure granted to employees for the purposes of meeting their personal and social obligations and rejuvenation by means of enjoyment of leisure. Hence the provision for different kinds of leave under every establishment-specific labor law. Statutory provisions would be thus limited to matters of types, scales and limits of accumulation of leave only. Since, no leave can be claimed as a matter of right by the employees other than medical grounds, leave sanction, combined availment of different types of leave together at times etc., are matters left to the discretion of the employer based on exigencies of work and other circumstances as the case be. These things are set down in the Leave Policy of the organization.
However, as you know, rules are only Man-made for the sake of uniformity and administrative convenience. Hence, exceptions cannot be ruled out.
Your case on hand is a situation of long leave under genuine medical grounds when the sick leave is not sufficient and the combination of all other kinds of leave is the only possibility to the employee undergoing surgical treatment for eye problem without loss of earnings.
What is going to happen if he is allowed to avail of the all the leave together? So be considerate in your thoughts and liberal in your actions pertaining to such exceptional situation.

From India, Salem
Hi, Further in case of nil leave balance, PL for the next FY can be advanced to help the employee at Employer’s discretion.
From India, Madras
A medical issue is an emergency situation. Any employee can fall ill at any time and may require varying periods of leave for full recovery. Any sanction of leave beyond 2 or 3 days can be supported with a doctor's medical certificate.
You may sanction leave according to your office rules. Clubbing together of different leaves or giving leave without pay are all options available. But not sanctioning leave may be detrimental to the employee and to the company.

From India, Kolkata
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