Hi, In our company one employee takes frequent leaves every month and claims it as SL for which his Manager warns him every month but he still continue the same. So this time they mentioned that it will be treated as loss of pay and not sick leave.
So I want to understand will it create any legal impact for company if by ignoring his SL balance we mark him loss of pay. Can it be done or is there any alternate solution to deal with it. Kindly help with your thoughts.
From India, Hyderabad
3So I want to understand will it create any legal impact for company if by ignoring his SL balance we mark him loss of pay. Can it be done or is there any alternate solution to deal with it. Kindly help with your thoughts.
From India, Hyderabad
Dear Naveen,
Leave is only a welfare measure in the realm of employment so as to enable every employee discharge his personal and social obligations like any other member of the civilized society and as such leave, in general, cannot be claimed by any employee as a matter of right under any labor law. Therefore, an inherent discretion is always bestowed on the employer whether to sanction the leave applied for or not subject to exigencies of work. However, such a discretion of the employer also stands defined on the parameter of reasonableness by means of classification of leaves into various types such as Casual Leave, Sick Leave, Earned Leave and so on depending on the type of industrial establishment and some times by means of Collective Bargaining Agreements. Therefore, there cannot be any straitjacket answer as to effective handling of the issue of any particular employee availing frequent leave of a particular type.
Just because of sufficient credit in the leave account, if an employee indulges in entering on sick leave very frequently or periodically, it can be an indication of feigned reason to thwart the process of prior sanction. The letter of warning as mentioned in the post is a reasonable one.If the same practice is repeated, the leave applied for can be refused and the absence may be treated as unauthorised one resulting in loss of pay and break in service subject to availability of such a clause in the service regulations or standing orders applicable.
From India, Salem
Leave is only a welfare measure in the realm of employment so as to enable every employee discharge his personal and social obligations like any other member of the civilized society and as such leave, in general, cannot be claimed by any employee as a matter of right under any labor law. Therefore, an inherent discretion is always bestowed on the employer whether to sanction the leave applied for or not subject to exigencies of work. However, such a discretion of the employer also stands defined on the parameter of reasonableness by means of classification of leaves into various types such as Casual Leave, Sick Leave, Earned Leave and so on depending on the type of industrial establishment and some times by means of Collective Bargaining Agreements. Therefore, there cannot be any straitjacket answer as to effective handling of the issue of any particular employee availing frequent leave of a particular type.
Just because of sufficient credit in the leave account, if an employee indulges in entering on sick leave very frequently or periodically, it can be an indication of feigned reason to thwart the process of prior sanction. The letter of warning as mentioned in the post is a reasonable one.If the same practice is repeated, the leave applied for can be refused and the absence may be treated as unauthorised one resulting in loss of pay and break in service subject to availability of such a clause in the service regulations or standing orders applicable.
From India, Salem
Hi,
In addition to the valid points shared by our Senior Member Umakanthan Sir, I suggest in case of repetition from the employee even after issue of warning please inform him through letter that in case of further medical /sick leave he will be required to appear before the Medical Practitioner appointed by the Company who will diagnose his health and will certify the genuity of of his sickness. If you have certified Standing Order it should have clauses for this reserving the right of the Company.
From India, Madras
In addition to the valid points shared by our Senior Member Umakanthan Sir, I suggest in case of repetition from the employee even after issue of warning please inform him through letter that in case of further medical /sick leave he will be required to appear before the Medical Practitioner appointed by the Company who will diagnose his health and will certify the genuity of of his sickness. If you have certified Standing Order it should have clauses for this reserving the right of the Company.
From India, Madras
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