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Atul Bhardwaj (Govt. Service)     25 May 2010

Regarding Leave Without Pay

Sir,

 

I have been working with a college under University of Delhi.  In Nov. 2001 I underwent a 12 hours triple surgery of removal of 35 stones, pyloplasty, pylolithomy and uretric reimplant.  After that mine a case of reocurring of kidney stones.  Due to that some time I underwent Lithrotipsy (laser treatment) and open surgery to remove stones.  From 2001 2007 I underwent these surgeries.  My wife is also under treatment of nuero i.e., Vertigo and my elder son also underwent open surgery of kidney to remove blockage at PUJ.  My junior son also under treatment  of nuero i.e., some feits problem.  Due to side effects of multiple surgeries, I have been affected by Diabetics problem also.

During these hardship I have exhausted all of my Earned Leaves as well as my Medical Leaves.  Due to that every year I got 15 E.L. in month of Jan. and 15 E.L. in month of July.  But due to these medical complications with my whole family including me I went leave without pay every year.

I have appealed to my authority and put my case as a matter of necessity for going Leave Without Pay (LWP).

For this my Boss is creating problems and issued me letter every year threating me for suspension on this ground.

I want your guidance that how can I forward for this unnecessary harashment from my employer.

Kindly provide me the solution.

Thanks

Atul Bhardwaj



Learning

 3 Replies

Adv. G. A. Gagdani (ADVOCATE AND LEGAL CONSULTANT)     25 May 2010

well there is limitation to leave without pay, you cannot have leave without pay for months,

it is definately upto your department whether it considers or not, what you can do is approach your super senior or person of higher authority and acknowledge the facts to him, and your willingness to accept leave without pay of certain days.

legally you cannot enforce this, but as a matter of necessity internal adjustment will be helpful.

 

Regards

Sudhir Kumar, Advocate (Advocate)     20 November 2011

There appears no valid cause of suspension as threatened by your boss.

Kumar Doab (FIN)     20 November 2011

Learned experts/members have given valuable advice. Kindly follow it.

In your appointment letter/company rules it might have been mentioned that termination can be affected in case of prolonged absence from duty due to........................In case of prolonged absence from duty, work gets affected and some one else have to take burden.

Such situations can cause emotional, financial burdens. It is good that you are taking the best possible medical care for self and family. You have all the medical records to support you.

The endocrinologist/diabetologist treating you can suggest you some lifestyle modification, and lifestyle modification has helped many diabetics. Lifestyle modification aided by proper medical treatment and follow up can help to minimize/prevent recurrence of stones.

You may appraise the superiors/HOD etc, keeping your boss in loop, and convince that you and each member of your family are taking proper medical advice and therapy, and your case may be considered compassionately. You need your boss. Maintain rapport.


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