Spinal cord injury leave

Saddy M (Querist) 30 January 2018 This query is : Resolved
Hi all

I Saddy n currently working with an Mnc company pune since feb 2017. Unfortunately i have a spinal cord injury and already on leave since nov 2017 till date.
Please let me know how long will i be able to use medical leave facility in my organisation. I am currently on upaid leave.
Thanks in advance

Saddy

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Saddy M (Querist) 30 January 2018
Please advise

Vijay Raj Mahajan (Expert) 30 January 2018
Ask the HR department of your Company. Each MNC had it's own rules as well general rules prescribed by government. It all depends who your MNC works.

Vijay Raj Mahajan (Expert) 30 January 2018
Ask the HR department of your Company. Each MNC had it's own rules as well general rules prescribed by government. It all depends how your MNC works.

N.K.Assumi (Expert) 30 January 2018
Saddy M, get well soon.

Guest (Expert) 31 January 2018
Not a legal query.
Study leave policy of your MNC.

Kumar Doab (Expert) 31 January 2018
The leave is part of service conditions and enactments that are applicable to establishment and employee may be referred.
The leave policy can provide superior benefits than enactments but not inferior….

e.g Bombay Shops & Esbts Act
The narration of leave might be in appointment letter and any policy/rules mentioned in appointment letter e.g; HR policy/Leave policy and might be available on shared portal also thru employee log in.
Download the leave policy and rules….and keep these safe.
You as employee must keep on submitting the leave application supported with Medical Certificate (under proper acknowledgment) from Specialist Doctor treating you e.g; Neuro Surgeon/ Neuro Physician/Orthopedic Surgeon depending upon nature and type of injury….
The employer may keep on passing the leave and/or allow the leave for each extension of leave till advised by doctor ………..even indefinite/unspecified period till advised by doctor….as per policy/or even by discretion of employer, good offices of appointing authority/MD/Board……….eve if on LOP.

Kumar Doab (Expert) 31 January 2018
Or IT may one fine day announce that work is suffering due to prolonged absence ….

The employer might have inserted in appointment letter/Rues/Policies that ……………..employment can be terminated in case of prolonged absence due to any/medical reasons….
The employer may constitute Medical team/Medical Board or refer to Specialist Doctor of IT’s choice to form an opinion…………
You (Employee) may keep record of anything and everything….e.g. Medical Certificate/Papers/Diagnostic Reports/Receipts/Prescriptions/Medicine Bills/Consultation etc etc under proper seal and signature of Doctor…
Falling sick is not misconduct.
Even termination due to medical reasons and absence due to medical reasons is not say; Bad/Stigmatic/Penultimate Termination…. And employer may narrate it in IT’s s order. The irrefutable record and evidence in such matters can always help to illustrate if and when and wherever required…
Amicable settlement for suitable duty/work during post-operative days and/or amicable separation on suitable terms and even compensation are perspectives…….
Did you get injured at workplace and not due to your negligence?

Dr J C Vashista (Expert) 02 February 2018
What is the dispute to be considered, analysed and advised by experts on this platform, which is not a class room?

Kumar Doab (Expert) 02 February 2018
Generically speaking; the employer may refrain from termination during sickness and follow due procedure or IT may be bad order….
Or IT may allow to resume duty after declared fit by doctor and take a call on your matter per policy/rule/discretion…………and may announce you are unfit to perform the tasks assigned and ask to separate amicably or by order or resort to tactical approach………
Everything may depend upon your rapport, goodwill, skills, rules/policy/patience and discretion of employer….

Spinal cord injury leave

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