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Harsh Vardhan (Software Engineer)     23 June 2011

Sick or medical leave

I am working as senior software engineer in an IT Software company in Noida.

I am a permanent employee now as I have completed more then 1 year in the same company.After working very hard, almost 12 hours per day for continous 1 year I fell seriously ill now. Doctor has advised me for full rest for atleast 1 month.

But my manager is harrasing me over phone that if I didn't join office soon then anything can happen to my job.

I would like to know if company can compell employee to work even he/she is not well. OR company can terminate employee (without giving notice period money) based on fact that doctor has advised employee for 1 month rest.?



Learning

 14 Replies

Kumar Doab (FIN)     23 June 2011

Kindly remain gentle and amiable, and explain properly that you are sick and need bedrest and medical care.

Do not over react and give any chance to your bosses to exploit any mistake by you.

This is happening almost everyday in almost all the companies. Companies want to squeeze the maximum from employees.

Submit your leave application along with the copy of prescripttion (having proper diagnosis, treatment, and advice for bed rest for....days, and seal and signature of the specialist doctor) and a medical certificate advising rest thru registered post to your reporting authority. you should keep the receipt of fee paid by you, and any lab report, x-ray and report etc , and preferably signed and stamped by the doctor. All doctors and hospitals issue a medical certificate. Ask the authority who has to pass your leave to send you a copy, for your record.

if you do not get any reply, send reminder by registered post and email. Your medical and leave documents should be in order.

If you have any record that you have been made to work for 12 hours/day e.g. emails, SMS, phone calls, entries in the register with time of entry and exit from office, keep them safely. Your record should be in order.

if you are being coerced/threatened to join duty during the period you are bedridden, record the calls.

If you are not comfortable with the situation, look around an avail better opportunity in a god company with a better remuneration.

Decision of the company to terminate any employee during the period of sickness shall be bad in the eyes of law, and if the employee peruses company shall have to withdraw.

 

 

1 Like

Harsh Vardhan (Software Engineer)     23 June 2011

Thanks for the reply.

Regards,
Harsh


(Guest)

Depends upon whether you have formally applied for leave enclosing your medical certificate or not. If you have not applied for leave the company can treat unauthorised absence from duty upon which it can terminate your services as a measure of disciplinary action against you. So, better be formal in all your correspondence with the company instead of resorting to verbal or phonic talks only.

1 Like

Deepak Vasudevan (Tech Architect)     27 June 2011

As Dhingra replied avoid oral conversations. The manager might just deny any conversations with you in the future. Ensure all conversations are recorded as registered post/courier or at least by email and save the email copies for posterity.

1 Like

Harsh Vardhan (Software Engineer)     27 June 2011

I had sent a mail to My manager stating that doctor has suggested me full bad rest for couple of weeks.

Deepak Vasudevan (Tech Architect)     27 June 2011

Did you Cc your Human Resources too? They are ones who actually maintain the payroll and other pertinent records.

Kumar Doab (FIN)     27 June 2011

Hope you have the documents mentioned in earlier post.

You shall need those when you join and need approval of leave.

You have a poking and jealous boss.

 

Harsh Vardhan (Software Engineer)     27 June 2011

I did not cc to HR. Actually in my company there is no as such sick leave provision.

I can apply leave even from home. I will mention reason as Sick leave while applying leaves. If manager would ask me to produce certificate from doctor only then I will have to submit that. Otherwise HR or anybody else will not ask for this.

Deepak Vasudevan (Tech Architect)     28 June 2011

Dear Harsh,

I don't think any company would be devoid of sick leave. They may have a different terminology like 'Contingency Leave' because anyone can fell sick and/may need to get a personal requirement during  business  hours/day managed right? This should have been covered in your offer letter too.

Jojee (None)     26 July 2011

Hi.. I'm Jojee. I live in kerala. I have an enquiry. My mom works as a QC Manager in a PCB Factory called Genus Electrotech in Gandhidham, Gujrat. Its been 4 years since she has been employed with this factory. 2 weeks back she had come to kerala on leave. She got leave sanctioned for only 10 days. She had to take a dental treatment on the 8th day of her leave. So, she told the HRD of her factory that she require another 4 days leave(without salary) granted to her. The HRD said okay & told to bring the medical certificate along with her when she comes back. So, Mom got a medical certificate from the dentist, gave it to the HRD when she reached back in Gujrat. But a few days back, the HR asked her to put her resignation & rejoin again saying that she took more days leave than what was granted to her. Is this a way of taking away the benefits of gratuity from her, since she is about to complete 5 years in the factory? Can you tell me what this is? Is there any such rules in the book to resign & rejoin on the ground that one took more days leave than granted?? Pls, tell me what needs to be done about this. Mail me the reply to my mail address i.e.,  jojivalyathu@gmail.com


Thanks
.

Kumar Doab (FIN)     26 July 2011

Employee should have completed 240 days in last year.However kindly ask your lawyer for a final opinion on this.

She must have submitted her leave application on leave application format along with medical certificate and should have obtained sanction of leave, and keep the copy. Leave application format has a column " reason for leave"  and she must explain the reason for leave and can explain that she called Mr...........of HR on dated......from phone number...at his phone number...........and appraised and she was granted approval of leave during the representation.  BE SMART. Employee should be careful and must know his rights and how to protect his rights.

 

There is no procedure like mentioned by you "resign and rejoin". If she is charged she should explain, in writing. Companies do resort to such tactics. It is bad conduct on part of HR personnel who advice or become party to such tactics.

Bahrti Airtel- landline/internet herded all employees to regional location and asked them to resign and join another company who shall handle landline/internet, and those who do not agree shall be terminated. No one raised any voice. This was executed before 5 years would have completed.

Deepak Vasudevan (Tech Architect)     26 July 2011

Dear Jojee,


When you resign and rejoin, the continuity of service is also disturbed and that would mean the following:

  • Continuity of Gratuity Benefits
  • PF Benefits
  • Again bringing in the probabationary period
  • Denial of Permanent Employee Benefits

I think it is one of the handicrafted unscrupulous practice adopted by that software company.  I think you should bring this company to the attention of limelight so that other people could be aware of the same and stay away from them. There is also a similar group in Facebook called Microsoft/Google Purchasers (MGP) which also can be made use for the same.

Jojee (None)     26 July 2011

No. She had applied for the leave and was sanctioned a leave for 10days. She had to take an extra 4 days leave because of the dental treatment. She submitted the medical certificate when she went back to gujrat. Even after the submission of medical certificate, this is what the HRD is demanding. What can be done about this?

Deepak Vasudevan (Tech Architect)     26 July 2011

Dear Jojee,


I think they are trying to club the weekends and make it appear a big number like more than a week. Sounds like a 'diplomatic' black-mail for me. Let us hope if some legal expert here brings a leash to contain this reign of terror.


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