Confused About Salary Deductions During Notice Period After Medical Leave? Need Advice!

Hi all, I was on medical leave from 27th August 2012. I had 60 days of leave in my account. There is no category of leave like P.L., Medical, or anything else. I submitted proper medical certificates and requested leave on medical grounds. The same was also approved. On 3rd October 2012, I submitted my resignation, asking to be relieved on 2nd November 2012. The resignation was also accepted.

Now, the management has not paid my November 2012 salary and asked to pay me for 5 days, as my leave was up to 26th October 2012. In my opinion, I expect the November salary for 25 days, less the 5 days for recovery. I am not sure if I am correct. Can anybody help me with this matter?

Regards, Ramakant A

Can you explain your logic behind the understanding of paying you the salary of November when you have not worked for the said period? According to your post, you were on approved leave from 27th Aug to 26th Oct, and as you have a balance, you are eligible for salary for this period. However, I am still unable to understand why the company should pay salary for November.

Thank you.

I am also unable to understand why the management will pay you the October month's salary. As per your post, you have pending leaves for 60 days, which you have already consumed from 27th August to 26th October. You have asked the management to relieve you on 2nd November. You have not completed the month of November, so how can management pay you the November month's salary?

Secondly, if you have rejoined the company in the month of October, then you are eligible for the 30 days of basic leave encashments. Otherwise, not.

Thanks,
Bharat

Dear Ashok & Hiral,

Thank you for your immediate replies. The fact is as below:

1. I was absent from 27th August 2012 due to a high blood sugar count.
2. I submitted the medical reports and certificate regarding the treatment. Due to the treatment, I was unable to attend the office. My doctor advised me to take rest.
3. Management sanctioned the medical leave for 60 days, which was available at the foot end of my account.
4. As per the office record, the leave was up to 26th October 2012.
5. On 3rd October 2012, I submitted my resignation with a notice to relieve me as per rules.
6. At the time of submitting the resignation letter, management accepted and conveyed to me that for 1st October 2012 to 26th October, my payment will be released considering the notice period, and a shortfall of 5 days will be deducted from the 26th remuneration. I do not know the legal aspects of the same.

Before concluding, I would like to add that this is an autonomous institute of the Government of Maharashtra.

Thanks and Regards,
Ramakant

Clarification on Leave and Salary Reconciliation

Did you join work when your leave ended on October 26? Even if you were relieved on November 2, how do you reconcile the period between October 27 and November 2?

Notice Period and Leave Clarification

Notice Period: 3rd October 2012 to 1st November 2012. Absent for the entire month of October. Leaves were approved during the Notice Period from 3rd October to 26th October 2012.

I am unsure if my salary for October 2012 is payable or not.

Regards,
Ramakant

I think the following are the details:

1. You were on sick leave between 27th August and 26th October 2012.
2. We received your resignation on 3rd October 2012, with the serving notice period until 1st November 2012.
3. However, you did not rejoin on 27th October 2012.

Conclusion:

1. After submitting your resignation letter, you are not eligible for any leave. However, management has approved your sick leave and adjusted it with your accumulated leaves, totaling 60 days.
2. There will be a deduction of five days' pay for not completing the notice period, from 27th October to 1st November 2012.
3. Since you did not work in November 2012, you are not eligible for the November month's salary.

This is based on my understanding.

Thank you.

Regards,
Vitthal.

Before submitting your resignation, you should have canceled your leave. This action would have allowed you to encash the days you didn't take off. If you do not work during the notice period, the unpaid days will be deducted from your full and final settlement. In your current situation, I don't believe the organization is obligated to pay you if you did not make any appearances during your resignation notice period, even if you were on pre-sanctioned leave.

Regards,
Prakash

Based on my understanding of your situation, I believe the management has considered your medical condition and did not take any action. The purpose of the notice period is to facilitate knowledge transfer and complete pending tasks assigned to you before you submitted your resignation.

You were on medical leave from August 27 to October 26, 2012, and you had 60 days of leave in your account. Therefore, the 2 months of absence have been adjusted with your available leaves. Considering a 1-month notice period in your organization, you officially resigned on October 3, 2012, with a notice period serving until November 2, 2012. However, your leaves were adjusted only until October 26, as you did not return to work. Consequently, the company has requested payment for this time period (6 days by calculation).

As you did not work in November, there will be no salary for that month.

I hope this clarifies the situation for you.

Best regards,

You have only 60 days of credit, all finished by 26th Oct. If you rejoin, you would receive 5 additional days. Otherwise, you will be considered on loss of pay. The notice period means the management needs time to find a new person or train a substitute for your position. When you are on leave, you have no right to ask for November wages/salary.

Regards,
Biju

Terms and Conditions in Appointment Order

The Terms and Conditions (T&C) shown in your appointment order are final. You should refer to them to get your answer.

An employee, while on sanctioned leave, can submit their resignation with a notice period as indicated in the appointment order. Accordingly, you would be able to determine your eligibility.

Regards,

Respected All,

Thanks for your valuable opinions. In fact, the organization where I was working was very erratic and did not have any specific rules. It was the Autonomous Institute of the Government of Maharashtra and operated mostly based on rules applicable to Government Servants, i.e., B.C.S.R. Some staff were governed by the Institute with no specific rules and regulations in place. The increment and leave policy were not specific.

Thanks to everyone.

Regards,
Ramakant