Are Schools Allowed to Adjust Medical Leave Against Other Leave Types? Seeking Clarity on Teacher Rights

rajani-kant
Medical Leave Policy in Schools

In Chennai, a teacher serving in a renowned CBSE senior secondary education school applied for medical leave after undergoing surgery. The teacher was advised by the medical specialist to take three weeks of bed rest and was issued a medical certificate to that effect.

The teacher applied for medical leave along with the hospital documents and the medical certificate. The school, while accepting the application, conveyed to the teacher that under their leave rule policy, they would first adjust the medical leave against the casual leave/earned leave due to the teacher for the academic year 2019-20, and the balance would be treated as medical leave. Further, they stated that they did not require the fitness certificate.

The teacher cannot avail of casual/earned leave whenever any emergency arises during the academic period since they have to adjust it against the medical leave and are compelled to go on leave without pay.

Questions on Leave Policy

My question is: Can each school have its own leave rule policy, or are they bound by the provisions of the existing leave rule policy of the state/Central government? Can the school change medical leave to adjust against any other leave at their discretion? Here, the teacher is made to suffer even though proper documents and procedures have been followed. Is it right/proper on the part of the school to do so? Clarification is needed so that thousands of teachers in this profession can be saved from the exploitation of the authorities.
vmlakshminarayanan
Hi,

If the employee has enough accrued sick leave in her account, it can be adjusted primarily against her period of absence due to sickness. In the absence of sick leave, the employer has the right to adjust against CL/PL.
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