Govind Vibhute 11 November 2016

Leave without pay for hospitalization

Hi,

I am an permanent employee at small Indian MNC. I had been gone through complete liver transplant surgery in Aug-2016. At the time of surgery I have consumed all my 24 leaves and further I need (doctors are recommending) 6-8 weeks of complete rest. In this case I have asked my employer to allow me to let me avail leave without pay (LWP) for 6-8 weeks to take rest at home. But employer seems to be reluctant to allow me.

Hence, is there any chance that employer may terminate me if I take LWP? If they terminate, am I eligible to get any compensation package for the termination by law? I am just not in position to support my family if I lose my job after my recovery and hence I am anxious about my termination. I am ready to bare the leave without pay loss but can't afford to lose the job in hand. Please suggest me legally am I eligible to take LWP?

Thanks in advance for your genuine help!

Reply Follow

7 Replies

adv.bharat @ PUNE (Lawyer) 11 November 2016

Govind ji u can read your rules for appointment that will give u answer for it.

2 Like

Kumar Doab (FIN) 11 November 2016

Submit leave application with medical certificate copy under proper acknowledgment, ASAP.

Don't leave any gap.

Keep record.

Termination during sick leave might prove to be bad order.

Let them reply whatever they want.

1 Like

Govind Vibhute 11 November 2016

@Adv.Bharat, Mr. Kumar Doab: Thank you for your kind reply.

I have checked HR documents and I coundn't find any HR policy regarding LWP nither it is mentioned in my appointment letter.

Anyway, I am submitting leave application with medical certificate today.

Thanks a lot!!!

Kumar Doab (FIN) 11 November 2016

Right now focus on; getting treatment till declared fit to resume duty, and submit leave application without any gap.

Of course under proper acknowledgment.

Keep proper record.

If covered under ESIC checl for salary under the scheme.

If covered under Group Mediclaim check the T&C.

HR person is neither your guargian nor employer.

Employer on its own sweet will and a welfare measure can provide leave with pay, even if there is no leave balance.

Kumar Doab (FIN) 11 November 2016

What is your designation and nature of duties?

Govind Vibhute 11 November 2016

I am an assistant manager. Currently, I am in good terms with managment but I have some doubts about my imigiate manager. He may try to do things little tough for me. He has done before as well. But this time I am at weeker position. Thanks a lot.