Unpaid Medical Leave: Can My Boss Legally Demand My Medical Documents?

I have taken an unpaid medical leave, and my boss asked me to provide the document for going through the medical procedure in advance. Now after going through the procedure, he is continuously asking me for the medical documents, which one usually gives when they are paid for the leave. Can they ask for the documents even if the leave is unpaid? Is there any law for this?

Hi,

If you are on medical leave, whether paid or unpaid, it does not matter. You need to submit your medical documents to the organization to prove your medical leave or sickness.

No, in case of unpaid leave, even in the situation of leave on medical grounds, you may decline if you are not seeking medical reimbursement for the medical procedure.

Col. Suresh Rathi

Different organizations have different policies. If a specific policy regarding this issue was not mentioned in your contract with the organization, then you are free to keep your medical issues hidden from the organization in case of unpaid leave.

The scenario for paid leave is a bit different. In the case of paid leave, the organization has full right to investigate, but there is a limit in the case of medical issues.

Hi,

Collection of medical certificates/lab reports is a standard practice, regardless of whether the leave is with pay or without pay.

Thank you!

As others have opined, different organizations have different rules governing paid medical leave. There is a limit to asking for medical documents. In most cases, a certificate from the treating doctor, stating that the person was under medical treatment from - to - and is now in a position to commence working, should suffice. Where reimbursement is involved, details of the bill, payment proof, and discharge summary may be asked.

Col. Suresh Rathi

If a salaried employee is proceeding on prolonged leave—whether it is medical or otherwise—the management of the company is fully empowered to ask the employee to submit documents (medical certificate (MC) in the case of medical/sick leave) that substantiate their leave application. In this scenario, after availing medical leave, the management is asking for the MC. There is nothing wrong with this.

The Shop and Establishment Act of Delhi allows a person to avail 12 days of Sick Leave/Casual Leave. No certificates - medical or otherwise - are required, but as I mentioned, it depends on the rules framed by organizations. There is no such law for private organizations, and it entirely depends on the Rules and Regulations in force within the organization.

Col. Rathi