leave rule

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

1.REGARDING MEDICAL LEAVE AND EARNED LEAVE KINDLY NOTE THAT

1.EMPLOYMENT IS A CONTRACT BETWEEN EMPLOYER AND EMPLOYEE.

2.KINDLY REFER YOUR OFFER LETTER, APPOINTMENT LETTER AND PROMOTION LETTER REGARDING THE TERMS OF EMPLOYMENT.KINDLY NOTE THAT MEDICAL LEAVE DETAILS WILL BE THERE.

3.YOU MAY CHECK UP ANY SERVICE REGULATIONS BOOK LET AVAILABLE WITH SALARY DEPT OR EVEN PERSONNEL AND ESTABLISHMENT DEPT OF THE ORGANISATION WILL GIVE DETAILS.

4.BRIEFLY WHENEVER ANY EMPLOYEE IS SICK HE HAS TO IMFORM THE CONCERNED SUPERIOR OFFICER HAVING LEAVE SANCTIONING AUTHORITY ABOUT HIS SICK NESS IN WRITING.

5 THEN AT THE TIME OF JOINING HE SHOULD PRODUCE ALL MEDICAL CERTIFICATES AND FITNESS CERTIFICATE TO THE CONCERNED LEAVE SANCTIONING OFFICER.THEN IN CASE THE EMPLOYEE IS HAVING SICK LEAVE TO HIS CREDIT THEN THE LEAVE IS SANCTIONED IT IS EARNED LEAVE.NO DEDUCTION IS MADE FROM HIS SALARY FOR ABSENCE DUE TO SICKNESS.

6BUT IN CASE THERE IS NO LEAVE TO THE CREDIT OF EMPLOYEE THEN THOUGH MEDICAL LEAVE IS SANCTION , HIS CONTINUITY IN SERVICE AND SENEIORITY IS MAINTAINED BUT HIS SALARY WILL BE DEDUCTED TO THAT EXTENT.MEANS LEAVE WITHOUT PAY.

7KINDLY NOTE THAT SERVICE RULES DIFFER FROM COMPANY TO COMPANY.GOVT.ORGANISATIONS HAVE SERVICE REGULATIONS AND A BOOKLET IS ALSO AVAILABLE WITH THE ESTABLISHMENT DEPT.

KINDLY WRITE IN CASE ANY FURTHER DETAILS ARE REQUIRED.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Yes he can apply for earn leave.This leave can be availed on any ground .No medical certificate is reqired as per leave rules

Dear Shyamanta,

Basically all government employees are governed by their service and conduct rules, which are normally different for State and Central Government employees.

Normally for availing sick leave, there is no need of prior approval or intimation, but for leave, limitation is normally provided for availing maximum number of medical leaves at a length.

For availing earned leave, the employee would have to apply in advance, in government organisations, and hence i really doubt whether sick leave and earned leave can be availed back to back.

I would suggest, that you confirm the same from the Service rules which governs your service conditions, so that you may not be issued a memo or a show casue for violation of service rules, or your leave being converted to leave without wages. 

Fitness certificate only signifies end of medical leave and is not bar on commencement of EL from next day. Please note even if you are sich upto Friday you get fitness on Saturday and join on Monday.

However opnce a leave is granted on medical grounds fitness is must irrespective of fact whether any further leave is applied or not and withut such fitness one cannot be taken on duty.