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Vivek H Bedarker (A)     13 May 2016

Unauthorised leave - psu

Sir

I am working in a PSU since 2001 at an executive level and have worked in 3 departments over 3 states. In my current posting in Sales, I started suffering from depression and was unable to cope up because Sales is a very fast and active department. I informed my controlling officer in Mar'15 and put up a request for transfer without benefits quoting my depression problem along with psychiatric report. But I was not transferred and my condition deteriorated. Thereafter in Oct'15 I was called by my DGM and after I told him my problem he asked me to send fresh request for transfer to other department which I did again quoting my problem. But still nothing happenned. Eventually I was advised by psychiatrist to go on leave and my leave request (open ended) was accepted. I took the treatment for 1 month but did not find improvement. Hence I discontinued it and went for self cure through Yoga/Pranayam/Nature walk etc and reported after 4.5 months.

The office accepted the period under psychiatrist treatment but for balance 3.5 months they are saying it is Unauthorised Leave.

Can I be penalised for UA when 1) I had been requesting almost begging for transfer to other department due to depression, and 2) When I found psychiatrist medicine was not helping, I went for self cure for which no Fitness certificate is available

Kindly help



Learning

 21 Replies

Vivek H Bedarker (A)     13 May 2016

Also Sir

I have no UA against me from 2001 till Dec 2016. This is for the first time and under aggravating circumstanses that I had no option but to do something to get myself right. Also I have also joined back and started working. But 3.5 months of my absence are lying unregularised and Office says Show cause notice would soon be issued.

But my issue is that I had been informing them of my problem and was working till it became too much. Also isnt it my duty to inform them, apply and go on leave for complete treatment/remedy if I know I am unwell instead of just coming back without proper state of mind and then not performing properly on excuse that I am unwell. 

Also wont my earlier requests and problems be given consideration since I was requesting almost begging for transfer and also informing in detail of my depression.

I think I did the right thing.

But can they take action and will it be Major or Minor

 

Please inform Sir

Sudhir Kumar, Advocate (Advocate)     14 May 2016

Can I be penalised for UA when

 

YES

G.L.N. Prasad (Retired employee.)     14 May 2016

However, in view of your genuine difficulty, they may view the case leniently and at the most get a warning, as the leave was already treated as loss of pay.

But, it is time to search for alternate employment, as you have been chosen for a specific assignment of marketing and you have expressed yourself your inability to continue in the dept, and even provided enough ammunition to them through medical reports to either ask you to resign or terminate your services.  If there is rule for such internal transfer, they may sympathetically consider your case or else they may terminate you, as salaries of marketing persons are high and they can get young recruits in open recruitment, who may be most energetic and technically qualified.  You should personally contact the Grievance officer designated, and try for amicable solution.  There is also a possibility of imposing increment as disciplinary proceeding of  punishment to bring you at par with such jobs you sought transfer.

Kumar Doab (FIN)     14 May 2016

You have posted that:

"Eventually I was advised by psychiatrist to go on leave and my leave request (open ended) was accepted."

 

What is open ended?

Do you mean that you did not mention period of leave and it was accepted?

Do you mean that you were recuperating after treatment?

Ask your doctor to declare you fit as on date!

 

Agreed with Experts and that the bosses may take a lenient view and approve the leave.

 

While in employement the employee should not attempt to innovate but remain within purview of rules.

Vivek H Bedarker (A)     14 May 2016

Yes sir. I had mentioned in application that I want leave on medical ground due to my health. As per procedure one cannot mention the date of returning after treatment in advance.

Vivek H Bedarker (A)     14 May 2016

Yes sir. I had mentioned in application that I want leave on medical ground due to my health. As per procedure one cannot mention the date of returning after treatment in advance.

T. Kalaiselvan, Advocate (Advocate)     17 May 2016

The three and half months leave is unauthorised absence as per law.

You cannot take law in your hand.

You have arrogantly absented from your office without any valid reason and above that you wanted it to be regularised in the same arrogant way.

Firstly you should understand that you are an employee and bound by the law of the employment you are in, so there is no excuse for your ignorant act or attitude.

Kumar Doab (FIN)     17 May 2016

Get the leave/yoga/meditation etc recommended from doctor and fitness as on date, and submit under proper acknowledgment.

 

Sudhir Kumar, Advocate (Advocate)     26 May 2016

leave can still be refused even if now a medical certificte is produced.

G.L.N. Prasad (Retired employee.)     26 May 2016

If the leave is supported by genuine grounds and with valid documents, it is maximum a minor misconduct and they can not terminate any employee.  They may not pay the salary for such dates of absence and maximum record a warning, which will not affect your further career growth as minor misconduct can not bar such promotions.

Kumar Doab (FIN)     26 May 2016

If you want to join now, the fitness is to be produced now.

Complete your medical record documents.

Employee should  not adventure.

Employee Consult before proceeding on one's own.

Vivek H Bedarker (A)     27 May 2016

Dear sirs. I am being branded as ignorant / arrogant by you . But I plead that my case be treated differently. I was in depression (I am introvert and sales is very extrovert department) . I did not know what to do. I took psychiatric care but his medicine did not help me. Also office did not transfer me to other department. In my oil psu there are many departments and I have already said that sales was my 3rd Department. I am working in this oil psu since 2001 and for almost 15 yrs there was no problem when I was in other department (Quality control / maintenance) . I am engineer and not MBA or sales executive. But in my psu there are no rules regarding academic qualifications for considering department. However I found out that I was not sales material perhaps. Under extreme circumstances I took a decision, got relief and again came back. I was fighting against my inherent nature because sales includes non stop talking for hours which I had difficulty to handle. Also to avoid any problem to company because of my depression, I took leave for treatment because sir in sales we are face of our company and if I had behaved improperly due to my depression problems then it would have affected my company only. Now I want to plead my case to management accordingly when I receive notice. I just plead to you to kindly inform whether such things can be considered sympathetically. Regards Vivek

Vivek H Bedarker (A)     27 May 2016

Dear sirs. I am being branded as ignorant / arrogant by you . But I plead that my case be treated differently. I was in depression (I am introvert and sales is very extrovert department) . I did not know what to do. I took psychiatric care but his medicine did not help me. Also office did not transfer me to other department. In my oil psu there are many departments and I have already said that sales was my 3rd Department. I am working in this oil psu since 2001 and for almost 15 yrs there was no problem when I was in other department (Quality control / maintenance) . I am engineer and not MBA or sales executive. But in my psu there are no rules regarding academic qualifications for considering department. However I found out that I was not sales material perhaps. Under extreme circumstances I took a decision, got relief and again came back. I was fighting against my inherent nature because sales includes non stop talking for hours which I had difficulty to handle. Also to avoid any problem to company because of my depression, I took leave for treatment because sir in sales we are face of our company and if I had behaved improperly due to my depression problems then it would have affected my company only. Now I want to plead my case to management accordingly when I receive notice. I just plead to you to kindly inform whether such things can be considered sympathetically. Regards Vivek

Vivek H Bedarker (A)     27 May 2016

Dear sirs. I am being branded as ignorant / arrogant by you . But I plead that my case be treated differently. I was in depression (I am introvert and sales is very extrovert department) . I did not know what to do. I took psychiatric care but his medicine did not help me. Also office did not transfer me to other department. In my oil psu there are many departments and I have already said that sales was my 3rd Department. I am working in this oil psu since 2001 and for almost 15 yrs there was no problem when I was in other department (Quality control / maintenance) . I am engineer and not MBA or sales executive. But in my psu there are no rules regarding academic qualifications for considering department. However I found out that I was not sales material perhaps. Under extreme circumstances I took a decision, got relief and again came back. I was fighting against my inherent nature because sales includes non stop talking for hours which I had difficulty to handle. Also to avoid any problem to company because of my depression, I took leave for treatment because sir in sales we are face of our company and if I had behaved improperly due to my depression problems then it would have affected my company only. Now I want to plead my case to management accordingly when I receive notice. I just plead to you to kindly inform whether such things can be considered sympathetically. Regards Vivek

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