Clause for medical leave at notice period

We are not aware of any rule that the medical leave/leave can be applies/availed during notice period.

You may post the extracts of the appointment letter, rule,policy,leave policy etc.

please see attached screenshot PDF from my appointment letter notice period clause and advise.

What is this establishment; Commercial, Industrial?

What is its line of business?

Howe many persons are working with it?

Since how many months you have been working?

Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate? Can anyone cancel/change/amend your recommendations?

How many persons report to you and what is such report? Does it involve any decision making process, by you?

You are in which state?

What is your monthly salary?

Do standing orders (Model/Certified) apply to establishment/your designation? If yes are these certified? OR has it been exempted from standing orders?

Are you a member of employee's/trade unions?

Are you sure that your next employer shall absorb you on the strength of just copy of notice and final resignation?

And it shall not demand service certificate, relieving letter?

Would it conduct BGV?

Do you have copy of notice of resignation?

Did you resign thru some software tool?

Prefer to send from personal email id or by letter thru Redg. post.

Thank you for helping. Here are the responses below.

What is this establishment; Commercial, Industrial?
IT software/US staffing company 15 plus years old in US and 6+ years old in noida.

What is its line of business?
IT software/US staffing company

Howe many persons are working with it?
around 100 employees

Since how many months you have been working?
3.5 years

Are you under probation of confirmed?
confirmed

What is your designation and nature of duties?
HR coordinator

Did you have any power to sanction (not just recommend)leave/increment/appoint/terminate? Can anyone cancel/change/amend your recommendations?
no

How many persons report to you and what is such report? Does it involve any decision making process, by you?
no, n/a

You are in which state?
uttar pradesh

What is your monthly salary?
Approx 45,000

Do standing orders (Model/Certified) apply to establishment/your designation? If yes are these certified? OR has it been exempted from standing orders?
did not understand this part.

Are you a member of employee's/trade unions?
No

Are you sure that your next employer shall absorb you on the strength of just copy of notice and final resignation?
Hope so, i have not yet received offer, but wanted to be prepared

And it shall not demand service certificate, relieving letter?
Hope so, i have not yet received offer, but wanted to be prepared

Would it conduct BGV?
possibly yes

Do you have copy of notice of resignation?
Not yet resigned, i have not yet received offer elsewhere, but wanted to be prepared

Did you resign thru some software tool?
Not yet resigned, i have not yet received offer elsewhere, but wanted to be prepared

Do standing orders (Model/Certified) apply to establishment/your designation? If yes are these certified? OR has it been exempted from standing orders?
did not understand this part.

Every employe should ask about it,learn about it and mor so as a HR person you should.

It shall prevail upon any private agreement drafted by employer and signed with employee e.g. appointment letter/HR policy/contract of employment/service rules etc etc.

You may also check if state govt. has exempted your sector/establishment.

Employees is a very big community and this community once united can press stae/central govt. to cancell exemptions and press its rights.  

Are you a member of employee's/trade unions?
No

Every employe should become member and aware that trade unions are willing to embrace.

The unions in IT/ITeS have done a good job.

Search thru internet.

Many states have notified Greivance Redressal Committee.

ID Act is very clear on 'Works Committee' and it is an authority.

GO thru it carefully.

You may be very well coverd by the def. of 'Workman' as in ID Act, 'Employee' as in Shops & Estbs Act.

Shops & Estbs Act was enacted to govern th service conditions of employees working in establishments covered by it.

 IT/ITeS companies are covered by this ACT and it shall prevail upon any private agreement drafted by employer and signed with employee e.g. appointment letter/HR policy/contract of employment/service rules etc etc.

ID Act does not lay down any notice period on employee but on employer.

You may go thru UP Shops & Estbs Act and you will get all answers.