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Bhagyashri Budhwant   02 June 2021

Unauthorised absence from duty

I m PSU bank employee ,i am on unauthorised leave after completion of maternity leave.
After maternity i applied for 2month privilage leave but branch manager denied
Eventhough i was on leave for 2months
After that i applied for sabbatical leave for child care but again sabbatical also denied stating reason shortage of staff
My branch manager issued me notice to join otherwise we will take action against you??
What are the possible actions
Is there any risk of termination from dury??


 8 Replies

Sankaranarayanan (Advocate)     03 June 2021

What  reply been sent against your branch manager notice?
if not then better to consult a lawyer and reply  as per lawyer advice

Dr J C Vashista (Advocate)     03 June 2021

Being on unauthorised leave you have made yourself liable for disciplinary action under the rules of the PSU Bank.

It is better to join for some time and seek leave, if you still feel urgency.

Bhagyashri Budhwant   03 June 2021

I sent reply that ,  “i have privilage leave balance plz sanction those leave to me for two months and my baby girl is on feeding there is no one to take care of her After me“

Sankaranarayanan (Advocate)     03 June 2021

better to go office and explain the situation and then take leave.

1 Like

G.L.N. Prasad (Retired employee.)     03 June 2021

Please understand the fundamentals.  1.Sanctioning of leave is at the discretion of management. 2.Banking is a public utility organization where interests of larger public interest is involved, and shortage of staff reflects in customer service and tarnishes the image of the bank resulting in loss of reputation and business. 3.You can not have the cake and eat it too.  4.Choose your priorities.  You can not hold a bank to ransom with your defiant attitude and also spoil your career with these kinds of attitudes.  I do not think that you can not get support even from your Union as your stand is not proper.

Imagine a situation, if all employees go on leave at the branch stating that they have enough credit of PL to inconvenience the Branch Head..

1 Like

P. Venu (Advocate)     03 June 2021

Yes, sanction of leave is at the discretion of the authority. The matter could be settled amicably by rejoining the duty and making a representation/appeal against the decision as to denial of leave. The Employer/Bank is unlikely to pursue steps in initiating disciplinary proceedings. 

Dr J C Vashista (Advocate)     04 June 2021

You may agree "leave" is a privilege which is discretion of the Bank but can not be enforced as a matter of right. 

You have to join and get the leave sanctioned before availing.

If you are not satisfied with FREE OF COST obligation of experts on this platform, you should consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding. 

T. Kalaiselvan, Advocate (Advocate)     04 June 2021

No doubt leave cannot be claimed as s  right by the employee.

However with the privilege leave available to your credit and since there is a provision to grant sabbatical leave, the bank at its discretion may extend your leave by granting the available leave o your credit in the give situation that you went of maternity leave and owing to post partum complications or any other unavoidable reasons due to post delivery of the baby,  you are not able to rejoin the duties hence seeking  extension of leave ion humanitarian grounds.

You may make a representation to the higher authorities by escalating the matter directly to the competent authority after which you can plan to knock the doors of the legal forum for relief under this compassionate situation. 

1 Like

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