guruprasaad (Regional Sales Manager) 11 September 2011
Hi , I have met with an accident on 11 june 2011 , with 3 major fractures and have been operated . Dr had had advised 3 months rest at home . I have got my june and july 2011 salary . But the HR is not releasing my August salary stating that since I am on leave they cannot give my salary as the company doest not any policy for the same.
Kindly suggest.
Regards ,
Guruprasaad
V. VASUDEVAN (LEGAL COUNSEL) 11 September 2011
Medical Leave especially for a long time is granted either as per the standard leave policy or as a special exception on compassionate grounds. The 2nd option is discretionary and hence you may approach the higher authorities, based on your performance and assurance of returning as quickly as possible after recovery. While the full salary may not be feasible may request for the basic pay for sustenance.
Vasudevan
V. VASUDEVAN (LEGAL COUNSEL) 11 September 2011
Post Script. Your query's tile is on duty accident - Is the injury suffered is during the course of employment! In such case the company is obliged to take care of the expenses and also leave pay has to be considred.
K C S Kutty, Pune (Faculty ) 13 September 2011
The question needs a small clarification.
Whether the injury happened "during the course of employment" or "arising out of employment"?
Regarding payment of salary for June and July, it is presumed that the employer had paid salary treating you
on leave on your eligible "earned leave" or "medical leave". Pl check up with your HR and findout whether
you have balance in the leave account ?
guruprasaad (Regional Sales Manager) 13 September 2011
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