(Querist) 22 March 2008
This query is : Resolved
Sir, One of my friend who is working in a qasi Kerala Govt. undertaking in a Managerial post where the Kerala Service Rules (KSR)is made applicable is suffering from ilness of accute back and joint pains due to Osteophytosis and Lumbar Canal stenosis for the last more than 8 years. He is undergoing medical treatment(both Allopathy&Ayurveda)every year regularly after taking the leave in his credit as well as on loss of pay for nearly 2 Months each.He used to take leave only when it becomes impossible for him to attend any further office duties due to severe pain.There are clear medical records and Laboratory test reports(including scanning report) stating the details of the above illness. As in previous years he submitted proper application for 2 months medical leave from 10-03-2008 out of the eligible leave in his credit along with proper Medical certificate from the consulting Doctor.He went for treatment without waiting for the approval of the same by the Managing Director,as it had become impossible for him to attend his official duties any further due to severe pain. Now it is informed through registered notice from the company that the leave has not been granted and unless rejoined for duties immediately it will be considered as Unauthoried Absence which may attract legal action including termination from the service without further notice.It is also informed by the company that his salary will be withheld for the period of absence even though there is sufficient eligible leave in his credit. Now,he is undergoing medical treatment and not in a position to join for duties immediately without completing the treatment.I is therefore requested to kindly provide valued openion as to whether: 1.Prior sanction is a must for availing leave on medical ground or is it sufficient that proper leave application along with medical certificate is submitted? 2.Whether the company is justified to insist for rejoing when one is undergoing treatment and not in a position to join for duty? 3.Whether the company is justified in treating the period of leave as unauthorised absence and withhold eligible salary even though proper leave application alongwith medical certificate from approved Phusician is submitted in advance? 4.Whether the company can terminate him from the service on the ground that he has not rejoind for duties after discontinuing the medical treatment? 5.Whether the company can prevent him from rejoing for duties after completion of the treatment on the reason that he has not joined for duties as per the notice from the company? 6.what are the recourses open to him in case the company proceeds to withhold is salary or terminate him from service without any notice? 7.Can any employer deny leave applied by an employee genuinely on medical Ground? In this context it is to be noted that there are cases in the company itself where leave on medical and other grounds have been granted to certain employees without following any of the basic norms of leave sanctioning even without medical certificate or proper leave application.
I am anticipating a detaild expert openion in this respect at the earliest.
(Expert) 25 March 2008
It depends on the companies leave policy. Normally a medical leave needs to be sanctioned if valid medical certificate is furnished. The period of leave over and above the permitted leave shall be adjusted to the leave standing to the credit of the employee. However, in case in spite of there being a valid medical certificate if the company decides to terminate the employee it can be successfully challenged before the court.