Leave on medical grounds at time of pregnancy
Querist :
Anonymous
(Querist) 25 August 2011
This query is : Resolved
I work as an Inspector(Grp-B officer) in Central Government and am 5 months pregnant at present . I am suffering from various prenatal complications in my pregnancy . I applied for leave with MC on 3.8.2011 (MC by AMA)and next day onwards i.e.4.8.2011 , there was a strike called by Group C & D employees' union. Due to severe problems I could not travel to office I was assigned charge ,which was 150 Km away from my HQ.On persistant requests also higher officers didnot pay heed to my genuine request and also didnot convey me any message in this regard till today i.e.24.8.2011. On 3.8.2011 , I was admitted to a private hospital and doctor has adviced me to be on continued bed rest for another 15 days i.e. from 18.8.2011 onwards again.
Now, my post has been relocated to another city and I am directed to immediately shift the office and attend duty failing which office will consider entire period as unauthorized absence apart from disciplinary action.
At present , It is nowhere possible for me to shift my location due to my husband being posted in same city ,my home being here and my first child to be just two years old. Also, no much medical facilities are available in that city.
Please tell ,
1.
is there any rule which abide my office to have at least intimated me or should have corresponded me regarding denial /approval of leave?
2. Is there any deadline for leave saanctioning authority to ask for second medical opinion?
3. Even on timely submission of documents and genuine problem am I liable for unauthorized absence or disciplinary action ?
Please guide and help
Raj Kumar Makkad
(Expert) 25 August 2011
1. Law of natural justice prevails everywhere and your officer is also duty bound to provide you an opportunity of hearing prior to rejection of your leave application.
2. Though it is not specifically prescribed but it should be within a genuine period.
3. Your absence may not be treated as unauthorized but non-joining at the place of your transfer may fetch disciplinary action. It is better if you remain on continuous medical leave as per medical reports/opinions.
Querist :
Anonymous
(Querist) 25 August 2011
Thank you so much sir for replying .
Actually , the post has been redeployed after my being on leave . Leave was applied from 3.8.2011 onwards and memo for redeployment has been issued on 19.8.2011, If I am on continuous medical leave for which I have already submitted the documents/MC in advance ...I am liable to disciplinary action.
I am not in a position to travel or sit only for longer hours then how can I take responsibility of shifting office as well?
Please guide further...i will be obliged .
