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Author Topic: Medical leave during notice period  (Read 424 times)

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Offline srinivasjr

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Medical leave during notice period
« on: May 11, 2018, 04:36:49 AM »
Hi,
 I have resigned from my company on 26th Feb 2018 with a serving notice period of 3 months, with which My relieving date shall be 25th May 2018, but on April 11th I fall sick and took medical leave for a month from 12th April, 2018 intimating the company through email to all concerned. I didn't get any response from any one from the company on my leave intimation. I resumed to my duties on 11th May 2018 and today my application for medical leave was rejected by company ( i have submitted medical advise and Doctors prescription while intimating my leave request). today the company is telling my notice period will get extended for the days I was absent. but in my offer letter there is no such clause at the time of joining. for this the company is saying we have changed the policy. when I asked them to share the policy document they are responding. also during my employment with the company they never shared such changes in policies and every year appraisal letters they used to mention all other terms and conditions will remain unchanged , they used to mention only if any change in any policy those things only in the appraisal letters. terms and conditions of termination were never changed and communicated. Does the company can force me to serve the notice period for the extended period? though I have more than 100 days PLs, they are not accepting to adjust them. I sensing it is a kind of personal grudge of my boss, who is opposing for my relieve? in my case how labor law protect me and my rights? any legal advice is welcomed.
Regards
Srinivas

Offline kalaskarkk

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Re: Medical leave during notice period
« Reply #1 on: November 21, 2018, 01:00:52 AM »
Dear Madam,
You may resolve your issue by approaching labor commissioner under the following provision of law.

Dear Sir,
You can resolve your issue by approach Labour Commissioner under following provision of law.

Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.
« Last Edit: November 21, 2018, 01:02:22 AM by admin »
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
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