Medical leaves


Dear Team, i am on medical leaves since 8th March 2018, till time as i am not able to recover, but for march i will get salary, now onward my HR is not giving same. she told me i am on LWP but when i left my work i have more than 35 leaves in hand. Isit possible they can stop salary. as i am having injury in spin and not able to sit and doctor advise me to take proper bed rest i even submitted my medical which was till 21st april. i am working for ltd company
 
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Advocate

It is not clear whether the 35 days leave that you are talking about is already under credit, or you are eligible for the whole of the year (including the accumulated ones if any).

Yes, if the credit of leave is limited, then the Company can definitely stop your salary, beyond the available leave period.

 
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no these are pending leaves with me which i can take and not 35 its around 45 leaves and if in march i have taken leave then 15 days for march (excluding weekoff sat and sun), for april its 18 days working (excluding public holidays and week off).then they have to give salary for april.

 

still want to check do copany has power to stop slary as i am on medical leave

 
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Advocate

As alredy answered by me, the Company will continue to pay you to the extent of your leave availability.  Once your leave availability is over, they can very well stop your salary, no matter whether you are on medical leave or otherwise.  

 
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FIN

The establishment has to release salary slip, salary of the month in which employee has worked for days worked e.g. April as posted by you, on usual/fixed pay day…………….

The employer can very well allow clubbing/adjusting other leaves by IT’s sweet will……………..

You can try for IT..

If employer does not agree then IT may not allow [paid medical leave beyond limit of medical leave and beyond that may approve on LoP/LWP (without discontinuity in service.. and you may confirm IT.)..

Submit leave application in time and under proper acknowledgment and keep all supporting docs e.g; Medical advice/Rx, medical certificate, Lab tests etc..

The c/f leave (earned) that can be encashed can continue to accumulate  and can be encashed at the time of separation….

 
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FIN

You may pick up relevant points from Articles under my profile;

"

Employee can exceed earned leave limit

Employee is Entitled to Interest if Payment of Salary is Delayed !

"

 
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FIN

In case there are issues that you have not posted or do not want to post you may search similar queries using SEARCH option and get illustrations, citations......

You may 

Now approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in rent/civil matters and having successful track record ….. and worth his/her salt …and discuss in person

You can also approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record ….. and worth his/her salt …and discuss in person...

and even seasoned employee's/trade union leaders

 

CHeck at LOCAL Labor court-CGIT/School-Educational Tribunal/Civil Courts/CAT/HC/SC...

 

 
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