Is It Fair to Deny Paid Leave for Voting Due to Prior Sick Leave? Seeking Clarity

Please note that on November 30, 2011, by-elections were held in a few constituencies of Kolkata. In this regard, the Government of West Bengal issued a Press Release which clearly directed organizations to grant a Paid Holiday to employees exercising their voting rights.

The by-elections took place in my constituency, and I did exercise my voting rights. However, due to delays in voting and ill health, I could not attend the office.

Additionally, due to sickness, I was absent from the office from November 25th to November 30th.

When I requested paid leave on November 30, 2011, I was informed that due to being on continuous leave, I would not be granted a Paid Holiday. Upon checking the official press release by the State Government, no such clause was found stating that an employee would not be granted a Paid Holiday if absent for a continuous period prior to the election day. Therefore, I am confused as to why I was not granted Paid Leave on that day. On the contrary, since I did not have sufficient leave balance, the election day was considered as Leave Without Pay.

Do you believe my organization is being fair to me? I would appreciate it if anyone could provide some clarity on this issue.

Regards,
Asish

If you have been on sick leave from the 25th to the 30th, you will be fit to work on the 1st of December only. That means you were sick on the 30th also. That may be the reason why the company refused to give you a holiday for the day of the election. On the other hand, if your fitness certificate says that you are fit to work on the 30th, then the decision of the company refusing you a holiday with wages should be wrong.

Regards,
Madhu.T.K

Thanks for your kind response. I understand the logic here, but I had to work from home from early morning until evening for various reasons; hence, I cannot be considered unfit. On one hand, the organization says you could have joined the office in the second half, and since you didn't come, a leave will be deducted (in my case, it will be Leave Without Pay), which is totally derogatory to the rulebook set by the government. On the other hand, they are refusing to accept the fact that I provided professional support from my home just because I was not present in the office.

Is that a good logic by an organization? I doubt.

Regards,
Asish

If you are still employed with the company, it is always desirable to resolve the matter internally. This is because if it escalates into an industrial dispute, the company may retaliate. Therefore, have an open conversation with the person handling such issues and, if necessary, involve their superior to address and resolve the problem.

As I mentioned before, this matter involves various technical aspects such as sick leave approval, providing evidence of illness, and obtaining a fitness certificate. Hence, if the situation worsens, all details should be thoroughly examined. Considering your limited leave balance, the company could have approached your case more compassionately. However, the company's stance might be that your attendance has been inconsistent, depleting your leave entitlement prematurely and misusing sick leave without valid medical reasons.

Moreover, the company could reject your return without a fitness certificate. Hence, it is crucial to contemplate your actions carefully.

Regards,
Madhu.T.K