Sick leave policy for ites sector in maharashtra.

You have not posted full information about designation and nature of duties, and nlast location of employee.

Bombay Shops & Estbs Act shall govern the leave policy/sick leave. Employer can not provide inferior benefits but can provide superior benefits.

Employer can not breach and violate its own policy.

1. If employee has acknowledgment and POD of leave application and requisite documnts; then NO, the charge is on false grounds.

2. Such leave may be as per leave policy of employer.

As already posted look into the Act and post the information about designation etc and also confirm ifd the person is covered by the def. of 'Employee' as in the said Act as well as, 'Workman' as in ID Act.

3. Remind the employer not to breach his own policy.

Has the employer deducted premia from payouts of employee?

4. As per leave policy if the leave is exhausted then LWP is the option. Employer can greant paid leave by its sweet will, even if there is not paid leave in leave balance.

Did the employee meet with accidfent while on job/work hours/while commuting from office to home-home to office?

If the accident policy provides for salary then calim under said policy?

Was employee eligible for ESIC?

5. If person is covered as 'Workman', 'Employee' as in abovce mentioned Acts; yes.

6. The mediclaim policy would have been terminated on date of termination of employment. If yes; NO.

Howedver check if premia has been deducted on pro rated basis or even for days after date of termination?

All said and done submit claim and let company/Hr reply that claim is ejected.

If order of termination is called back then claim may b entertained.

However let your able counsel include the amount in claim/damages.

7. Let your able counsel examine all docs on record and opine.

Do not remain entangled with HR,Line Managers and esacalate to good offices of appointing authority,MD, Chairman and make them a party.

Are you a member of IT/ITeS employee's unions?

Have you posted same and similar query earlier also?

What is the opinion of your own lawyer.

Thank you for your reply Kumar, Attached is my reply with regards to your querries

Q: You have not posted full information about designation and nature of duties, and nlast location of employee. 

A: Designation is below Team Lead, Nature of duties is processing like an associate on the floor, Location of employment is Mumbai.

Q. What are the Sick Leave benefits mentioned and statutary rights of an employee under "Bombay Shops & Estbs Act". What are the benfits which employer is liable to provvide under the same act ?

Q. My contract document shows the Employee will be provided Accidental Policy benefits as per the COMPANY LEAVE POLICY, I wanted to know what does this mean with regards to granting distress leave/temporary Total Distability ?

FYI..... Sir, Employee has acknowledgment and POD of leave application and requisite documnts; and even the copies of RAPD which has been refused by the employers TL, Managers, Ops Manager, HR-HOD, Dept-HOD, CEO, Finance officer and Jr Finance officer and some letters returned by Ops Manager, HR-HOD, Dept-HOD, CEO and othe rmanagement employees as UNCLAIMED !!!

Q. How to aquire the policy of the employer with regards to the Distress leave/Accident leave/Temporary Disability leave period in State of Maharashtra ?

Q. The employer has gone ahead and terminated the services of the employee stating that they are unable to extend his request for more sick leave ! so how to inform the employee requesting about not to breach his own policy ?

Q yes , employer has show the cost in the CTC in the last increment letter payouts of employee...

Q. Accepted, As per leave policy if the leave is exhausted then LWP is the option, also Employer can greant paid leave by its sweet will, even if there is not paid leave in leave balance. But what if the employer has bought a Personal Accidental policy from BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED which a clause states following "Temporary Total Disability or Absentees Due to Accident - 1% of Sum Insured or INR 5,000 or Actual weekly Salary whichever is lower up to 100 weeks". Employer has not provided the benefits as per the Personal Accidental policy from BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED even after putting the employee in LWP from September 2015. Can the Employee claim for this renumeration as per his current CTC for his arrears ? 

The employee met with accidfent while on a company holiday while traveling and not while on job/work hours/while commuting from office to home-home to office.....

Q. How can we claim about arrears from the employer as per the Accident policy benefits ? as the employer management deleberately did not remunerate the employee even after having the policy ! the employee had even bought to notice to the employer's HR Asst Manager, but he said his salary was not an issue but his leave was an issue for the company ! but, employee was not provided his salary benefits as per the Accidental policy from Spet 2015 till date. Employee was given salary for November 2015, which was defined by the employer's Ops Manager as mistake and was told that it will be deducted from his Full and Final settlement. Isn't the employee eligible for his salary arrears as per his last CTC now ?

Q. The mediclaim policy would have been terminated on date of termination of employment. If yes; NO. what is the valid duration of the medicla policy after termination of an employee as per your above reply ?

Let your able counsel examine all docs on record and opine. - Okay

Q. Employee had sent letters to all higher management at employers end and made them a party since start, like Dept-HOD, HR-HOD, CEO, Chairman in all the communication sent by the employee by email and RAPD. But not even a single mail was replied to the employee by anyone for the above recepient. The HR management also blocked the email address of the employee to avoid receiving any communication from the employee. 

YES, the employee is a member of an ITeS employee's union.

Q. Have you posted same and similar query earlier also ?

A. No Sir.... this is a very much current scenario....

Q. What is the opinion of your own lawyer.

A. The employee is seeking a lawyers opinion on this....

You have posted that:

'employer's HR Asst Manager, but he said his salary was not an issue but his leave was an issue for the company !'

The prolonged sickness is taken as a written/unwritten ground for termination. However usually the employer's go for examination by Experts/Specialist/Medical Board. 

Termination during sickness is usually a bad order.

Your employee's union can refer to Trade Union and a also a good labor Law Consultant/Service matters lawyer.

Even otherwise state of Maharashtra has provision of PAMS and bring the employee-employer on table.

YOur counsel that has examined all docs on record and your covergae can guide you further.