No Leave Policy Dilemma: How Should a Company Handle Long-Term Medical Leave Requests?

Dear All,

There is a public limited company based out of Delhi. The company has no leave policy. An employee of the company, working for the past 4 years, stopped coming to the office. Seven days later, his wife submitted a letter to the company on behalf of the employee, stating that the said employee has been hospitalized and attached the medical reports from the concerned doctor.

The employee has not attended the office for more than 6 months now and is demanding 60 days of paid leave on medical grounds.

In the absence of any leave policy, what course of action should be taken by this public limited company?

Regards

Dear [Company Name],

Yours is a public limited company, and you may have standing orders of the company. You pay medical leave as per your standing orders, which will not exceed 10 days. He cannot be given 60 days of paid leave. If your office is covered under the Delhi Shop and Establishment Act, there is a limitation of 12 days of casual cum sick leave provision. In my view, he cannot demand it; it is up to you to decide. You can grant it on humanitarian grounds; otherwise, legally, he is not entitled to the same.

Thank you.

J. S. Malik

Dear Acumen of Law,

I can say, medical leave provision is not mandatory if your employees are covered under ESIC; let them claim from ESIC. If not, then see what reasonable leave can be given to employees because an employee's claim for 60 days' leave has no basis. Similarly, your granting of such leave must have some grounds that you have to ensure as per the advice of Mr. Malikjs.

Please do the needful.

Regards,
Rashid

I also agree with Rashid. If you deducted ESI contribution from his salary, then you have to grant him 60 days' leave. Please see the ESI rules to check if it's applicable in your company.

Regards,
D.L

Hi All, I need to undergo surgery shortly, but my company is not granting me leave. They are saying that I must resign first and then start my treatment. Please, what can I do in this situation?