• Medical leave

I am a senior professor in a central University.I left my station with an intimation to my University for my home.
I got ill during my stay at my home with casual leave. Doctor advised me for rest. As my condition deteriorated family members took me to Government hospital early morning. Doctor treated me with medicines and advised 10 days rest. Immediately I intimated my University with documents. Suddenly University without intimation sent a Medical team in my home.I was sleeping with the help of medicine.My husband asked for a letter from authority to me informing me to do the same. They failed to show any letter. My husband showed them all documents but did not allow them to check me. Now I heard they are forming a medical board and will ask me to appear there.
My questions are being a central University can they do the following?
1. Can they send medical team at my home without any intimation?
2. At this stage can they ask me to appear before the medical board at the station which is 180 km from my home?
Asked 3 years ago in Constitutional Law

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7 Answers

1. This is grossly unlawful unless the service regulations prescribe such things. 

2. No. On the basis of medical reports take rest till you regain strength to appear before them. 

Don't worry law is in your side.  For further assistance get in touch. 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

1) they can send medical team to verify claims made by you that you are suffering from any illness 

 

2) express your inability to appear before medical board which is 180 kms away from your residence

 

 

Ajay Sethi
Advocate, Mumbai
94515 Answers
7485 Consultations

5.0 on 5.0

No need to file petition before HC 

 

report back to work on recovery from illness 

Ajay Sethi
Advocate, Mumbai
94515 Answers
7485 Consultations

5.0 on 5.0

Hello,

The university cannot send a medical team all of a sudden like this . They can ask you to appear before the medical board only if there is a reason to believe that you cannot do your work in long run for health grounds. However , all I want to suggest you to ask your doctor to issue a medical certificate and apply for a leave and also inform them that you cannot attend the board right now as your doctor ask you to take complete rest . However the entire procedure is incorrect and you can file a writ before the high court once they reject your application.

Hope this helps .

To discuss more, feel free to contact me on my mobile number: [deleted] .

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

An employer cannot ask a medical professional for an employee’s medical records, or information about an employee’s health, without permission from the employee.

Given the medical condition you cannot be asked to appear before any board. It is also a question  of your privacy.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

1.  The act of university to send the medical team to your house is not within the frame of law becasue you have not committed any crime by taking medical leave especially on the advise of a medical examiner.

2. You can inform them in writing that you will appear before the medical board after becoming fit to walk and undergo travelling. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. Do not create more troubles for you.

You may first obey the orders and cooperate with them however secure the details so that you can use it against the management in case it becomes necessary in future.

2. Don't take any hasty steps so soon, if the problem  can be solved at this level, better try to solve them amicably

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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