If he had applied for Leave extension then the same has to be replied by the Management as accepted or rejected.. and ofetn if it is a sick leave where he / she is able to present the relevant supportings from the Doctor/Hospital then the same is not denied unless and untill something is very specific mentioned in the service rules of the organization or in his/her appointment letter.
If the reply has not been sent the organization there is no reason for him to be termontaed and all opoortunity to be given to the employee to explain about his long leave.
Saurabh

From China, Leizhou
PTRC
46

You are bound by the provision so fIndustrial Disputs Act.Iti sinhuman to terminate services only onthe ground that employee was sick for long. Youmay submit your advice to teh top management on consequenses and then let them decide. You can also talk tothe concerned employee and seek his side and whether what h/she thinks on this and compesnation package s/he may be expecting
From India, Coimbatore
Dear friend,
As per your case there is an reference decided by an high court whereas "Denial of resumption of duty after sickness of an employee, by the employer, will be construed as retrenchment and not abandonment, hence the high court of rajasthan quashed Award of the labour court by directing reinstatement to the workman but without back- wages".
With regards,
Karthikeyan.R

From India, Pondicherry
Hi. If its a case of cost cutting then there is really nothing much that can be done except ensure he gets his dues as per the appt letter. He needs to be told of the exact reason for seperation ie his leave should not be made out to be the reason.

From India, Hyderabad
Can an employer deny sick leave? Is there any law that talks about minimum eligibility for sick leave?
From India
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