I am working in a public limited company in the capacity of an executive. Recently, due to my ill health, I have availed sick leave from 18.11.2019 to 03.01.2020. I applied for leave in the employee portal and also sent an email to HR about my illness, along with a medical certificate.
Unfortunately, my GM-HR marked LOP on the grounds of Unauthorised Leave from 01.12.2019 to 31.12.2019, for the entire month. As a result, no salary has been paid for the full month, and house rent and other allowances have also not been paid.
I have 169 days of Sick Leave and 63 days of Privileged leave balance. No prior intimation of LOP was given to me, and no communication regarding LOP sanction was made to me.
In the medical certificate, the doctor has recommended Bed Rest, which our HR department is not accepting. They did not inform me about this before sanctioning the LOP.
From India, New Delhi
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Unfortunately, my GM-HR marked LOP on the grounds of Unauthorised Leave from 01.12.2019 to 31.12.2019, for the entire month. As a result, no salary has been paid for the full month, and house rent and other allowances have also not been paid.
I have 169 days of Sick Leave and 63 days of Privileged leave balance. No prior intimation of LOP was given to me, and no communication regarding LOP sanction was made to me.
In the medical certificate, the doctor has recommended Bed Rest, which our HR department is not accepting. They did not inform me about this before sanctioning the LOP.
From India, New Delhi
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Seems that the poster was on continuous leave of 51 days in total on the grounds of illness supported by a medical certificate. The leave applied for specifically was sick leave. No mention in the post about the particular type or classification of the establishment other than the entity being a public limited company. Therefore, the accumulated leave credit either by way of statutory sick leave or earned or privilege leave could not be to the extent mentioned in the post unless provided for in the leave regulations of the company. By implication, it seems that the first 13 days' spell of the leave pertaining to the second half of the month of November alone stands sanctioned while the next spell pertaining to the whole December stands treated as unauthorized absence resulting in LOP. LOP might be correct but not the treatment of absence as unauthorized one because there was prior intimation by the poster of his intended leave on medical grounds with a duly attached doctor's certificate. If the HR was suspicious about the genuineness of the doctor's opinion, he could have referred the poster for the examination of a medical board. In any case, it can be LOP but not an unauthorized absence. The poster may bring this position to the notice of the HR for his reconsideration and treat the leave as authorized leave on loss of pay.
From India, Salem
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6108From India, Salem
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Dear Sir,
It is a housing finance company. I have a sufficient balance of sick leave of 169 days and privileged leave of 63 days. Furthermore, I have served for 25 years and 10 months in the same company. I have applied for sick leave in the appropriate employee portal supported by a medical certificate. I am suffering from Lumbar Spondylitis, which requires complete rest as advised by my doctor. Additionally, I am suffering from diabetes, hypertension, and thyroid issues. Due to the above chronic diseases, I am experiencing severe back pain. My leave is genuine, and the same has been well-informed through the leave portal as per company rules.
Kindly advise further.
Regards,
R K Satapathy
From India, New Delhi
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It is a housing finance company. I have a sufficient balance of sick leave of 169 days and privileged leave of 63 days. Furthermore, I have served for 25 years and 10 months in the same company. I have applied for sick leave in the appropriate employee portal supported by a medical certificate. I am suffering from Lumbar Spondylitis, which requires complete rest as advised by my doctor. Additionally, I am suffering from diabetes, hypertension, and thyroid issues. Due to the above chronic diseases, I am experiencing severe back pain. My leave is genuine, and the same has been well-informed through the leave portal as per company rules.
Kindly advise further.
Regards,
R K Satapathy
From India, New Delhi
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Dear Mr. Satapathy,
Accumulated 63 PL and 169 SL suggest that you are enjoying leaves over and above the statutory provisions. I suggest referring to the leave policy of the company. There are rules defined for applying and sanctioning leave. The applied leaves are subject to approval or disapproval by the approving authority, based on which they are treated in payroll, either as paid leave or as LWP. Merely having a sufficient leave balance doesn't entitle an employee to avail any number of leaves at a stretch.
My personal opinion is that, in spite of the statutory provisions and entitlement as per company policy, leave should always be considered a privilege and not a right. After all, it's payment for the days not actually worked by the employee. Nevertheless, you have every right to seek clarification from your HR team.
Regards,
Jaspreet Singh Janeja
From India, Chandigarh
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Accumulated 63 PL and 169 SL suggest that you are enjoying leaves over and above the statutory provisions. I suggest referring to the leave policy of the company. There are rules defined for applying and sanctioning leave. The applied leaves are subject to approval or disapproval by the approving authority, based on which they are treated in payroll, either as paid leave or as LWP. Merely having a sufficient leave balance doesn't entitle an employee to avail any number of leaves at a stretch.
My personal opinion is that, in spite of the statutory provisions and entitlement as per company policy, leave should always be considered a privilege and not a right. After all, it's payment for the days not actually worked by the employee. Nevertheless, you have every right to seek clarification from your HR team.
Regards,
Jaspreet Singh Janeja
From India, Chandigarh
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Dear Satapathy,
I understand both the genuineness and severity of your disease very well. However, the issue at hand is that you cannot have accumulated so much Sick Leave (SL) and Privilege Leave (PL) credit. I believe that as a housing finance company located in New Delhi, your establishment falls under the Delhi Shops & Establishments Act, 1954.
According to section 22(1)(a) of the aforementioned Act, you are entitled to only 15 days of Privilege Leave in a year. The maximum accumulation allowed at any given time, as per section 22(1 A)(i) of sec.22, is 3 times, equivalent to 45 days only. Furthermore, as per clause (ii) of section 22(1A) of sec.22, the Sick Leave admissible under section 22(1)(b) should not be accumulated.
Therefore, I am concerned that your calculation of accumulated leave may not be accurate. In light of this, the most suitable course of action seems to be submitting a revised leave application for 45 days of PL and 6 days of SL to avoid Loss of Pay (LOP).
I kindly request the esteemed members from New Delhi to provide further insights on this matter.
From India, Salem
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I understand both the genuineness and severity of your disease very well. However, the issue at hand is that you cannot have accumulated so much Sick Leave (SL) and Privilege Leave (PL) credit. I believe that as a housing finance company located in New Delhi, your establishment falls under the Delhi Shops & Establishments Act, 1954.
According to section 22(1)(a) of the aforementioned Act, you are entitled to only 15 days of Privilege Leave in a year. The maximum accumulation allowed at any given time, as per section 22(1 A)(i) of sec.22, is 3 times, equivalent to 45 days only. Furthermore, as per clause (ii) of section 22(1A) of sec.22, the Sick Leave admissible under section 22(1)(b) should not be accumulated.
Therefore, I am concerned that your calculation of accumulated leave may not be accurate. In light of this, the most suitable course of action seems to be submitting a revised leave application for 45 days of PL and 6 days of SL to avoid Loss of Pay (LOP).
I kindly request the esteemed members from New Delhi to provide further insights on this matter.
From India, Salem
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Dear All,
As per our service rules, we can accumulate 240 days of Sick Leave and 240 days of Privileged Leave during our tenure. Employees are entitled to avail genuine Sick Leave for any number of days up to the leave balance. After the balance is exhausted, Privileged Leave will be debited, followed by Loss of Pay. In case of doubt regarding Sick Leave, employees must consult a company doctor for a medical checkup and certification to make further decisions.
The company is based in Bangalore, and I am currently posted in Hyderabad, Telangana State, as the Chief Manager in a Public Limited Housing Finance Company. I am not currently overseeing any branch.
I have applied for Sick Leave through the Employee Leave Portal following company procedures and have provided a Medical Certificate. The Sick Leave requested is from 18.11.2019 to 03.01.2020:
- 18.11.2019 to 30.11.2019 = 13 days
- 01.12.2019 to 31.12.2019 = 31 days
- 01.01.2020 to 03.01.2020 = 03 days
Total = 47 days
I have returned to duty and submitted a fitness certificate. My Sick Leave is legitimate, with an accumulated Sick Leave Balance of 169 Days and Privilege Leave Balance of 63 days as of 31.12.2019. An additional 30 days of Privilege Leave will be added on 01.01.2020.
According to our company's Leave policy, we are entitled to 12 days of Casual Leave, 15 days of Sick Leave, and 30 days of Privilege Leave annually. Unavailed leave can be accumulated up to 240 days for both Sick Leave and Privilege Leave, to be used as needed.
Additionally, 30 days of Privilege Leave can be encashed every two years when availing Leave Fare Concession. If an employee takes more than 90 days of sick leave at once, they will need to undergo a medical checkup and obtain a certificate from the company doctor, as per our policy. There have been cases where employees were granted Sick Leave for over 60 days consecutively.
I seek further guidance.
Regards,
R K Satapathy
From India, New Delhi
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As per our service rules, we can accumulate 240 days of Sick Leave and 240 days of Privileged Leave during our tenure. Employees are entitled to avail genuine Sick Leave for any number of days up to the leave balance. After the balance is exhausted, Privileged Leave will be debited, followed by Loss of Pay. In case of doubt regarding Sick Leave, employees must consult a company doctor for a medical checkup and certification to make further decisions.
The company is based in Bangalore, and I am currently posted in Hyderabad, Telangana State, as the Chief Manager in a Public Limited Housing Finance Company. I am not currently overseeing any branch.
I have applied for Sick Leave through the Employee Leave Portal following company procedures and have provided a Medical Certificate. The Sick Leave requested is from 18.11.2019 to 03.01.2020:
- 18.11.2019 to 30.11.2019 = 13 days
- 01.12.2019 to 31.12.2019 = 31 days
- 01.01.2020 to 03.01.2020 = 03 days
Total = 47 days
I have returned to duty and submitted a fitness certificate. My Sick Leave is legitimate, with an accumulated Sick Leave Balance of 169 Days and Privilege Leave Balance of 63 days as of 31.12.2019. An additional 30 days of Privilege Leave will be added on 01.01.2020.
According to our company's Leave policy, we are entitled to 12 days of Casual Leave, 15 days of Sick Leave, and 30 days of Privilege Leave annually. Unavailed leave can be accumulated up to 240 days for both Sick Leave and Privilege Leave, to be used as needed.
Additionally, 30 days of Privilege Leave can be encashed every two years when availing Leave Fare Concession. If an employee takes more than 90 days of sick leave at once, they will need to undergo a medical checkup and obtain a certificate from the company doctor, as per our policy. There have been cases where employees were granted Sick Leave for over 60 days consecutively.
I seek further guidance.
Regards,
R K Satapathy
From India, New Delhi
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