Leave
Dinesh Salaria
(Querist) 07 June 2014
This query is : Resolved
My wife is serving Punjab government for last 12 years and want to take leave for self employment but the director of the department is not granting the leave what options i left with?
What I can do to take leave or what actions can be taken if i go for leave without authorization?
what options my wife left with and can she apply for child care leave ( our Children are 6 and 9 years old) and I want to take them with me to Australia for period of 2 years.
please suggest me the options my wife have and if she go without approved leave what can happen..... we don't want to leave the job as yet
can she be terminated for unexcused leave?
All suggestions will be highly appreciated.
Thanks & best Regards
Dinesh Salaria
malipeddi jaggarao
(Expert) 08 June 2014
You are telling on one hand that you want take your wife and children to Australia and on the other hand she wants to take leave for self employment.
No Government will grant to leave the country for 2 years.
The options left are:
Ask her to submit the resignation.
For an employee, it is not only leave, but also permission to visit abroad. In the absence of permission and non-sanction of leave, disciplinary action can be initiated and punishment may be even termination.
Choice is yours.
Rajendra K Goyal
(Expert) 08 June 2014
Whether she want to start self employment, or want to go abroad with you ?
She should apply without pay leave along with permission to go abroad. If department has such rules, she may be allowed otherwise submit resignation. Visiting abroad without sanction of leave and permission, attract disciplinary action,
Sankaranarayanan
(Expert) 08 June 2014
Better to resign the job . If she plan to visit abroad then she must have to get permission from the authority , otherwise it will fall on disciplinary proceedings
Kumar Doab
(Expert) 08 June 2014
You may download latest version of leave rules applicable to the dept. In which you and your spouse is working, pertaining to EOL, CCL etc also…………………………………..and follow these.
The employee has to submit leave application and seek approval.
As per establishment service rules if employee is on unauthorized absence he/she may loose lien on employment.
You may find the following relevant…………..
Punjab employees can avail child care leave for two children only
August 30, 2012 08:45 PM
CHANDIGARH: The Punjab Government today issued fresh orders for child care leave for the women employees of the state.
Disclosing this, an official spokesman of the Personnel Department said that child care leave could be availed only for two living children. He said that in case a child is studying abroad, ex India child care leave for the women employees could be given only for two reasons, first during exam of the child and during illness.
He said that women employees would also have to furnish required documents for availing ex India child care leave, like; certificate from the education institute and authorized doctor. The spokesman further said that woman employee would have to ensure 80 per cent of stay abroad.
He said that any kind of leave already availed by the employee could not be converted into child care leave. He said that during child care leave, LTC could not be availed.
http://punjabnewsexpress.com/news/7133-Punjab-employees-can-avail-child-care-leave-for-two-children-only.aspx
ajay sethi
(Expert) 08 June 2014
best option for your wife is to leave the job and travel with you to Australia
Sudhir Kumar, Advocate
(Expert) 08 June 2014
I further add that while in service no employee can start any other source of income so the reason of leave applied by her is clearly for forbidden purpose and no officer caring for his career should have sanctioned the same.
Sudhir Kumar, Advocate
(Expert) 08 June 2014
further you have not stated nature of her employment and job profile.
If an employee just leaves office without handing over charge and leaves country also and if there are some stores or some confidential papers in his/her charge the in addition to othr consequences a criminal case can als obe registered.
Dinesh Salaria
(Querist) 09 June 2014
Thanks gents
She is a permanent employee as a senior scale stenographer.
But we dont want to go and settle permanently so i want she to retain her job,
she is coming with me for two years and then she will come back and me also not having plans of settling there.
all what we want she is issued leave may be without pay or child care as our children both minor 6 & 9) coming with me with permission to leave country.
can anyway I can get her the leave, the director is not accepting the self employment leave but may be also reject the Child care leave also then what options i left with except resigning from the job?
if anyway i can fight legally if they take disciplinary action what i want to know there will be some procedure and in between we will extend it by replying or any legal way possible.
Disciplinary action again will be suspension or termination from the job but some rules to be followed for this by this time she may visit and delay the proceeding and keep her job we are looking the ways to avoid leaving job. if we need to fight legally where we stand?
she may come in 6 months and join for few days and so and again do the same. may be by the time director change and we got the permission.
and if any action taken we want to defend legally without leaving the job.....where we stand on this are we fighting a loosing battle then or this can be settled in court in our favor if some proceedings started,
thanks in advance
Sudhir Kumar, Advocate
(Expert) 09 June 2014
you said
"Disciplinary action again will be suspension or termination from the job but some rules to be followed for this by this time she may visit and delay the proceeding and keep her job we are looking the ways to avoid leaving job. if we need to fight legally where we stand?"
Please come out of misconceptions
(i) suspension is generally not resorted to when the charge is of unauthorised absence (unless the deptt does not have maturity)
(ii) during suspension one cannot visit abroad and not even permitted to leave station without prior permission.
(ii) you say rules are to be followed. Yes the chargesheet of unauthroised absence is sent on last know address and so will be the inquiry notices. whether these communications are received there or returned back does not matter much. If employee does not join inquiry then the inquiry is held ex-parte. 2 years (or even 6 months) is sufficient time to this exercise.
it is not un understood what do you mean by "she may visit and delay the proceeding"
Guest
(Expert) 09 June 2014
Mr. Dinesh
First of all you may like to understand, leave cannot be claimed as of right. That has to be duly sanctioned by the competent authority and is solely at his discretion.
Unauthorised absence can lead to disciplinary action and subsequent termination/ dismissal from service (not suspension). Law does not interfere in the administrative processes, unless some deliberate injustice is done to the employee.
However, being a permanent employee she can avail leave due at her credit with specified limits at a time or extraordinary leave up to five years intermittantly or continuously, but with prior sanction by the competent authority.
Still further, even for visit to Australia, she would need permission of the competent authority. Non-compliance is treated as misconduct of the employee that attracts disciplinary action on that count also.
Even during leave she cannot take up any job. If she take up any job that again becomes cause of indiscipline, which again leads to disciplinary action.
There is no question of director accepting the self employment leave, as he can't risk his service by acting against rules. Allowing leave for any type of employment can be considered as indiscipline and favouritism on his part, which is tantamount to disciplinary action against director also.
If the director is not approving any type of leave, there is no alternative for her except to resign from her post, as she does not qualify even for voluntary retirement.
Any legal fight on these issues would be mre wastage of time & money. Loosing the battle on all counts is sure in the process as you propose.
malipeddi jaggarao
(Expert) 10 June 2014
If she does not wish to leave the job, she has to get the approval from competent authority for leaving the country.
Since your wife applied for self-employment leave all her opportunities to get the sanction of leave is sealed as no organistion will give self-employment leave to go abroad.
As it is not a right, as they are not going to sanction the leave for sure as the initial application is for self-employment purpose, the choice to go abroad or continue in the present job rests with your wife.
Dinesh Salaria
(Querist) 10 June 2014
Once Again Thanks Gentlemen
Pls note further clarifications:
She is not visiting Australia for business or work.
she is looking for without pay leave or some sort of leave so that she may can go abroad.
she applied for self employment leave which is rejected so chapter closed for that option.
now someone suggested to take earned leave and then send the notification that she needs to leave the country due to some reason and then from there may be she can send medical or what ever options available.
or may be apply for child care leave for short term and go abroad with notification and the department is helpful keep on delaying inquiries.
thanks
Dinesh
Dinesh Salaria
(Querist) 10 June 2014
Once Again Thanks Gentlemen
Pls note further clarifications:
She is not visiting Australia for business or work.
she is looking for without pay leave or some sort of leave so that she may can go abroad.
she applied for self employment leave which is rejected so chapter closed for that option.
now someone suggested to take earned leave and then send the notification that she needs to leave the country due to some reason and then from there may be she can send medical or what ever options available.
or may be apply for child care leave for short term and go abroad with notification and the department is helpful keep on delaying inquiries.
thanks
Dinesh
malipeddi jaggarao
(Expert) 10 June 2014
We have appraised you with our opinions.
You cannot extract a reply suitable to your thinking.
As your wife already applied for self-employment leave which was rejected.
Even if she applies again to leave the country for any other reason, it will not convince the management.
Leave is not a right. It is a facility at the discretion of the management that too when it is leave without pay.
If you want to take chances, you can do so.
Guest
(Expert) 10 June 2014
As regards your contention, "she applied for self employment leave which is rejected so chapter closed for that option," that has no standing. Chapter can never be treated as closed, as intentions can at any time be doubted by the authorities as and when leave with permission to go to Australia is applied.
T. Kalaiselvan, Advocate
(Expert) 11 June 2014
Very well addressed and opined by all experts, nothing more to add. The author should take wise decision and not a overconfident decision on this issue lest the very purpose will be defeated till the end.
