Notice period
Bhupinder Kumar
(Querist) 03 March 2012
This query is : Resolved
There was no any condition in appointment letter to for notice period that no one can avail leave during notice period. For such case one employee has resigned by giving notice period for one month and went on medical leave for 14 days. Even he has submitted medical certificate in lieu of that leave.
Question is that either one can avail any type of paid leave during notice period or not or what remedy should be there for such type of cases. In my opinion there should no provision to avail such type of long leave during notice period. In such cases notice period must be extended for 14 days further.
Experts opinion required with supporting provisions under the act.
Regards,
Bhupinder Kumar
Guest
(Expert) 03 March 2012
Dear Bhupinder,
First of all neither the management, nor the employee has control over his illness. If leave is supported by a medical certificate, the management does not have any power to refuse leave on that count.
2ndly, when leave is due, with what reason do you consider that the notice period should be extended? You can't forfiet leave due to the employee. Any Act of law won't support your contention.
Deepak Nair
(Expert) 03 March 2012
Agree with Dhingra Sir.
H. S. Thukral
(Expert) 03 March 2012
Sickness leave can not be refused but mgmt can refuse other kind of leave. If the employee has leave to his credit but he is denied availing the same then he can claim wages for the same.
Sankaranarayanan
(Expert) 03 March 2012
yes no legal right to refuse the medical leave, even for other leave if the employee is eligible then he can
K.S.Srinivas
(Expert) 05 March 2012
I agree with the expert Harbhajan Singh Thukral
V R SHROFF
(Expert) 05 March 2012
Only Sick leave have this Advantage.
Challenged by one MNC, on proof of employee vising places with proof, during sick period, but MD Dr certificate could not be challenged, and SL was sanctioned.
Any other Leave Application is at the discretion of Management, and usually not granted during notice period
Bhupinder Kumar
(Querist) 05 March 2012
Thanks your valuable reply. I am seeking for case studies / judgements in this regard. I am sure you will help me out.
Guest
(Expert) 05 March 2012
You are welcome, Mr. Bhupinder,
