Stoppage of salary & lease rent when on informed sickleave
swagat
(Querist) 15 February 2018
This query is : Resolved
i was suffering from jaundice and so while i was on sudden leave due to illness, the bank(govt. bank) relieved me and transferred to other branch, due to ill health i was unable to join, but bank has compelled me to join and to force me to join during my fever, bank stopped my lease residential accomodation facility and also my salary, due to this i joined bank but even after joining, the bank did not realease my pay and allowances .
what legal course i should adopt?
kavksatyanarayana
(Expert) 16 February 2018
Did you submit the leae application with Medical Certificate? as per RBI rules, leave cannot be claimed as of right. When the exigencies of the service so require, discretion to refuse or revoke leave of any description is reserved to the authority empowered to grant it, and an employee already on leave may be recalled by that authority when it considers this necessary in the interests of the service. Lapse of
leave on cessation of service
swagat
(Querist) 16 February 2018
Yes I had sent several emails to the concerned authority intimating them of my jaundice, I also have sufficient leave balance in account, medical certificates were also emailed while on leave, I feel my right to living, right to shelter and right to health under article 21 of constitution was violated, since an ill unfit employee cannot be forced to work, that's why sick leave is there?
What's your take on this?
Ms.Usha Kapoor
(Expert) 17 February 2018
Then the Bank should consider granting you sick leave as you've completed all the necessary formalities as above in order to become eligible for sick leave with pay.
Ms.Usha Kapoor
(Expert) 17 February 2018
The details of sick leave are here under:
1. An employee is entitled to sick leave on half substantive pay, at the rate of one month for each year of service subject to a maximum of 18 months (540 days) during his entire service, provided that where an employee has put in a service of 24 years, he shall be eligible to additional sick leave at the rate of one month for each year of service in excess of 24 years, subject to 3 months of additional sick leave. For availing sick leave the employee has to submit MC.
2. An employee can convert the half-pay sick leave in to full pay sick leave.
But twice the period of leave will be debited.
3. During the first year of service sick leave will be granted on prorate basis.
4. Sick Leave can be availed for any number of days.
5. Sick Leave can be availed without Medical Certificate by an employee for a maximum period of 10 days in a calendar year not exceeding two days at a time after exhausting the Casual Leave.
6. Sick Leave can be clubbed with PL, ML and UC
Dr J C Vashista
(Expert) 17 February 2018
Consult a local lawyer practicing service matters with relevant documents for better appreciation of facts, analyse and guide you properly.
Generally employer(s) do not enforce such action, as alleged.
