My friend working in hospital
MrunaliniBadavane
(Querist) 25 May 2016
This query is : Resolved
Sir
My friend working in global hospital & research centre Mount abu.
she join 01/6/2007 till now she is working in this hospital every year sick leave given 10. she is taken 1/6/2007 to dec2015 she taken sick leave 123 days because 3 time she hospitalize 22 day, 26 day this time she is very serious, 20day this time leg facture , total 1/6/2007 to dec 2015 she avail 80 sick leave they are 123-80=43 sick leave is considered LWP please tell me what can she do she want 43 days return money
Kumar Doab
(Expert) 25 May 2016
The hospital/employee's dept-div is registered under which enactment e.g; Shops & Estbs Act?
What is employee's designation, nature of duties?
Is employee covered by ESIC, Group Insurance etc?
Do you have copy of leave policy of the establishment?
Rajendra K Goyal
(Expert) 26 May 2016
She should prey the admin to adjust extra leave towards other leaves.
If Management does not agree, leave would be treated loss of pay.
Rajendra K Goyal
(Expert) 26 May 2016
She should prey the admin to adjust extra leave towards other leaves.
If Management does not agree, leave would be treated loss of pay.
MrunaliniBadavane
(Querist) 27 May 2016
This is to certify that the below mentioned public charitable trust is registered today properly under the provision of Mumbai public Trust Act .1950 ( Mumbai act serial No 29 of 1950) at the registration office greater Mumbai region, mumbai
The name of the public charitable trust is global hospital & research centre and is assigned serial no. E-12573 (Mumbai) and issued this registration certificate ot Shri. V.B.Bhuta,
Issued dt 05/01/1990
MrunaliniBadavane
(Querist) 27 May 2016
MEMORANDUM
Sub:- policy regarding sick leave
The sick leave entitlement as, per rules is 10 days per calendar year and that balance sick leave is carried forward to the next year
This is to reiterate the policy of the management that is sick leave is applied/ availed beyond entitlement of sick leave, the remaining minus leave is deducted from the earned leave at his credit at that time. It has veen observed that a few staff members have been resisting not to treat their leave without pay in case of their minus sick leave/ earned leave, which constitute misconduct under the GHRC Service rules
For sick leave entitlement even as inpatient- the certification should be from GHRC Physician or by a District Health officer, as the case may be.
So, it is leave entitlement even as inpatient- the certification specifically by the HODs who are responsible for obtaining application of leave and its forwarding to the concerned quarter
MrunaliniBadavane
(Querist) 27 May 2016
Annual Leave (20 days in a calendar year)
AL shall be allowed to confirmed staff or to staff who have completed at least one year of service of the trust
When the AL of a staff member commences from the last week of a month , he may draw his salary for the month is question before proceeding on leave
Extension of leave is generally not allowed. In case an employee does not have any leave to his credit and is required to proceed on leave under extraordinary and emergency circumstances, the management in its discretion may grant leave against the leave to be earned in future . the earned leave so granted shall be adjusted after the same is earned
MrunaliniBadavane
(Querist) 27 May 2016
Casual leave ( 12 days in a calendar year)
Casual leave shall not be granted for less than half a day, casual leave may be availed of upto 3 days at a time, unless the management specially sanctions longer leave
Staff members joining service at any time after the commencement of the calendar year shall be entitled to proportionate casual leave
Casual leave will lapse on 31st December and no leave will sanctioned between 15th December and 31st December except in case of a grave emergency
Special proviso for consultant doctors. Consultants are allowed to club their annal leave and casual leave and avail of 1 months annual leave (31 days). In this case , the number of days available for leave remaining unused will be carried forward to the next year and thus be treated as annual leave carried forward
MrunaliniBadavane
(Querist) 27 May 2016
Sick leave ( 10 days in a calendar year)
The hospital provided sick leave to assist staff members to recover during a period of illness, on the recommendation of the medical superintendent or any doctor of the hospital to whom the patient is directed for examination by the medical superintendent.
The medical superintendant shall sanction extension of sick leave beyond 10 days after reviewing the case
Staff members found misusing sick leave or not taking sufficient rest shall be liable to disciplinary action. The remainder period of sick leave shall be treated as leave without pay.
In case of long illness, the management shall review the case and sanction the entire or part of the period as leave depending on each individual case.
MrunaliniBadavane
(Querist) 27 May 2016
As per sick leave rules they are deducted sick leave amt she is joining 1/06/2007
MrunaliniBadavane
(Querist) 27 May 2016
her designation Sr. office asst, we are sending three leave policy,Hospital is cheated in leave maintance
please send serice rule ,I think this hospital applied labour law. they are not given materinty leave also, & they are said to labour you are not egest or extrude of EPF with in three year either wise your EPF can lapsed scare to labour also
they discriminate in between labour
please give advise
Kumar Doab
(Expert) 27 May 2016
Other thread by the querist is at:
http://www.lawyersclubindia.com/experts/Service-rule-600346.asp
You should have continued in original thread and avoided repeated query.
How are you related with the matter?
You have posted that:
>>> The name of the public charitable trust is global hospital & research centre:::GHRC Service rules
“Sick leave ( 10 days in a calendar year)”
“sick leave is applied/ availed beyond entitlement of sick leave, the remaining minus leave is deducted from the earned leave at his credit at that time.”
“Annual Leave (20 days in a calendar year)”
You have yourself quoted GHRC Service rules. Do these apply to designation of employee?
Sick leave 10days in calendar year , can be clubbed with EL/AL 20days in calendar year.
>>> “her designation Sr. office asst”
You have yourself quoted GHRC Service rules. Do these apply to designation of employee? ( Only employee or you can answer it)
“Hospital is cheated in leave maintance “: If employee or you are sure ask the Admin and point out the error and ask to correct the error.
“please send serice rule ,”
How can we send service rules? Demand these from employer!
“I think this hospital applied labour law.” Obtain confirmation and relate with rules/Acts/Stataue applicable in case of employee/designation of employee.
“ they are not given materinty leave also,”; If applicable it can’t be denied. Approach Inspector appointed under the Maternity Benefit Act ( state/central) as applicable in case of employee.
“ & they are said to labour you are not egest or extrude of EPF with in three year either wise your EPF can lapsed scare to labour also
they discriminate in between labour”; The pont is not drafted properly and is not understandable.
Let your able Labor Law Consultant opine finally on all points.
Kumar Doab
(Expert) 31 May 2016
You may also go thru the discussion in another thread that is relevant and useful:
http://www.lawyersclubindia.com/experts/Payment-of-gratuity-600816.asp
