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Medical Leave

(Querist) 08 July 2009 This query is : Resolved 
I joined in a company in coimbatore on March 4 , 2009. On March 24th 2009 I have met with an accident and was hospitalised for 1 week. Moreover I was not able to walk for 25 days due the severity of the injury and doctor also advised for 1 month rest.

I have duly communicated everything to the company rightfrom the accident and I have also submitted all medical copies along with a medical certificate given by the doctor.

But the company refused to grant me any medical leaves stating , as per the company rules sick leave or medical leaves are not permitted and Only Casual leave and previlege leaves are allowed.

Can a company refuse to grant a medical leave ? What does our labour say for this ?
H. S. Thukral (Expert) 13 July 2009
The terms of employment govern the issue you have raised. But Shops Establishments Act which is a state act provides for medical leaves on completion of a certain period of service. Unfortunately you had to remain absent immediately after employment, employer is not obliged to provide you SL with pay. However he may not be in a position to take action agaisnt you for unauthorised absence.


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