Facing Pushback on Sick Leave During Notice Period: Can They Really Penalize Me?

I am working as an officer in a Nationalized Bank. Recently, I have resigned, and it has been accepted, and now I am serving a 3-month notice period. I have plenty of sick leave and paid leave (PL) to my credit. I was recently ill and applied for long sick leave backed by a medical certificate. As per the bank's norms, a treatment certificate or medical certificate (MC) should be submitted after 4 days for sick leave. Due to my severe illness, I submitted the MC a bit late, but I informed my superiors via phone and email. However, our Zonal Officer (ZO) has called for an explanation for the belated submission of the leave request, for which I have apologized. Upon my response, they have sent another letter pointing out a few discrepancies in my explanation. Since I have resigned, it appears they have resorted to harassment and power-play. They even rejected my claim for Leave Fare Concession (LFC) and leave encashment citing "exigencies of services."

My question to all esteemed individuals is: Despite having ample leave credits, informing my seniors, and being genuinely ill to the extent of being unable to come to the office, can the late submission of the leave request be used against me? Can the Zonal Officer deduct my salary, gratuity, or Provident Fund citing the long sick leave as unauthorized? What remedies or arguments do I have against them in this situation?

As per your appointment letter/Company Policy, can you avail sick leave during the notice period? Please confirm the same.

I am working as an officer in a Nationalised Bank. Recently, I have resigned, and it has been accepted. I am now serving a three-month notice period. I have plenty of sick leave and paid leave (PL) to my credit. I was recently ill and applied for long sick leave backed by a medical certificate. As per the bank's norm, a treatment certificate/MC should be submitted after four days for sick leave. Due to my severe illness, I submitted the medical certificate a bit late but informed my superiors via phone and email. However, our Zonal Office (ZO) has called for an explanation regarding the delayed submission of the leave request for which I have apologized. In response, they have sent me a letter citing a few discrepancies in my explanation. Since I have resigned, they seem to be resorting to harassment and intimidation tactics. They have even rejected my claim for Leave Fare Concession (LFC) and leave encashment citing 'exigencies of services.'

My question to all esteemed individuals is this - when I have sufficient leave credits, informed my superiors, and was genuinely ill to the extent of being unable to come to the office, can the delayed submission of the leave letter be held against me? Can the Zonal Office deduct my salary, gratuity, or provident fund contributions citing the extended sick leave as unauthorized? What recourse or arguments do I have against them in this situation?

Dear Bishu,

Yes, if the sick leave taken by you is shown as unauthorized absence, then salary is to be deducted. For gratuity, unauthorized absence is a break in continuous service, so if the number of years of service minus the unauthorized absence is less than 5, then you will not be eligible for gratuity. If salary is not paid during the period, the PF contribution from both sides will automatically be reduced.

I would advise you that if your gratuity is not getting affected, then you should drop the issue. However, you are the best judge, and if it is worth the trouble, then you should proceed through the Grievance Handling Cell of Bank Employees or approach the Officers' Association for redressal.

Regards,
SC

Hi,

I have a thought. Does any law say that we cannot take leave during the notice period? Or is it mentioned in any appointment letters that leave is not applicable during notice periods? I am an employee of the company until my last working day. I am eligible for company benefits until that date.

Please comment.

Regards

Hi,

Regarding your sick leave submitted late, you would have to prove to your other superiors that you did phone and email your immediate supervisor that you would not be able to complete your sick leave application in due time. Print the emails sent to him/her and keep these as proof. Also, unpaid leave would have to be deducted from your salary if this was not done in time.

As for your annual leave, you can apply and take this during your notice period, but this will reduce your leave pay when it is paid out with your final salary. To be on the safe side, refer to your LOA for confirmation of your company policy.

Regards