Can My Company Deny Using Paid Leave for Medical Treatment When Sick Leave Is Exhausted?

I am working for a company for the last 6 years. I was hospitalized and am currently receiving medical treatment. I am in need of leave for medical purposes. Although my accumulated sick leave days are over, I have more than 90 days of paid leave available. I have applied for leave and requested that my paid leave be adjusted accordingly. However, HR is stating that it will be unpaid leave. Please advise when earned leave is available in my account, how can the company deny adjusting my paid leave and place me on unpaid leave? Please advise if there is any law or clause under labor laws that supports this decision.

First of all, please inform us about your HR policy regarding leave matters. At first glance, it seems that your HR personnel are on the wrong side. They should approve your Paid Leave (PL) in cases of your absence.

Regards

I have never come across a situation where sick leave (SL) can be accumulated or where SL is equivalent to or more than 30 days. Since you require a month's leave, HR should extend you the Paid Leave (PL) or Earned Leave (EL). It seems that your HR is not on good terms with you. Even on humanitarian grounds, one should adjust considering your six-year term in the organization. However, as some seniors have advised you, please go through the Leave Policy. You may gain some insight or share the Leave Policy with the forum to seek further advice.

Get well soon.

Clarification on Leave Application

Applied for leave & request for PL to be adjusted means I want to use my Paid Leave (PL) against Sick Leave as my Sick Leave balance is exhausted.

Working in a private limited company, employees can avail only 8 PL & 14 EL and have no SL. This is our HR policy. Can any company work against labor law? More than 20 employees are working. How to avail leave as per labor law as some of the employees have to visit their native town once a year, which is more than 2500 KM away from Delhi. If an employee has already availed PL & EL due to sickness or other reasons, their visit to the native place will come under Without Pay. Please advise.

Understanding the Human Aspect in HR Decisions

HR personnel must remember that every employee is, first and foremost, a human being. It's crucial to prioritize humanity before strictly adhering to HR policies. The leave provided by a company is meant for the employee's benefit, so focusing solely on the leave policy in certain situations may not be appropriate. Imagine yourself in the employee's position—what would you do? It's important to avoid creating situations where employees feel hurt or neglected.

If an employee is undergoing medical treatment for more than a month, we must consider their family responsibilities as well. In my company, we typically discuss rules and regulations in normal cases. However, in such scenarios, I prioritize helping the employee at any cost because an employee is, above all, a human being.

Regards