• Applied medical leave

i am working in a State Transport Undertaking in Chennai, I applied for leave for 10 days with medical certificate from my medical officer of the STU. But the Management purposly rejected my leave application and marking absent in my attendance. Further i want to extent my leave as my health condition is worsing day by day. I have put on service for 25 in the stu but the management not recongnize my service acting vendatively. pl advice what i should do legally.
Asked 1 year ago in Labour from Chennai, Tamil Nadu
1. How do you know that the management has rejected your leave application.
2. Do you have an acknowledgement for the leave application submitted, alongwith medical certificate.
3. The medical leave, duly enclosing medical certificate from the medical officer of the STU, can not be rejected.
4. In case the management has not received your leave application with MC, send it again through registered post ack. due.
5. Since you have medical leave upto 160 days, you can avail the same with full pay.  However the recognised Doctor has to certify your sickness.  Regarding availing earned leave, sanction of the leave has to be obtainted from competent authority, well in advance.
6. If they are in receipt of your medical leave, along with MC from Medical Officer of STU, chances of the management taking action on you is remote.  However, it may be noted that directly an employee will not be suspended and a notice will be served on you and you have to give satisfactory answers to each of the points the management raises in its notice.  If the reply is reasonable, the management will not proceed further. Otherwise the management may hold departmental inquiry and the employee would be given an opportunity to defend himself.  Based on the findings of the departmental inquiry, further action will be taken, like suspension, withholding of increment, demotion, etc.
7. Take the help of a lawyer to defend you in the proceedings, if you are pushed to such a situation.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
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1. Has any reason been shown for rejecting your said leave application on medical ground?

2. Haver you applied properly and do you have adequate sick leave in your leave account from where you have applied the said leave,

3. If there is no mistake from your side, enquire why has your leave application been rejected,

4. Try to settle the dispute amicably since there is no point going to Court for this trivial matter.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. Actually the meaning of leave is permission. By filing leave application, you seek permission for being absent from your work,

2. For being absent for one year you shall have to produce adequate ground which shall have to be acceptable to the leave granting authority,

3. You can apply for one year leave but it may not be granted and in that case you shall have to be in your office.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1. You are not coming with complete fact since no company suspends its employee for availing unauthorised leave for 10 days,

2. If they suspend you, certainly they will show reason for that and will issue show cause notice followed by charge sheet as part of the disciplinary proceedings,

3. You shall have to attend to the enquiry proceeding duly giving reply to the charge sheet when filed,

4. Engage a lawyer having experience in service matters.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0

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