Hi,
Thanks a lot for your great effort in finding the relevant laws.
It's not for my delivery. My daughter delivered. I took pre approved leave for 2 months initially, and then I sent a mail for its extension (for one more month). Now I got a letter with allegations and 'offer' of termination.
I want loss of pay leave for one more month.
How can I protect my job and as well as get leaves?
The attachments you sent are relating to one's own delivery I guess..
Thank you for your effort..
With regards
Rashmi.
From India, Bangalore
1Thanks a lot for your great effort in finding the relevant laws.
It's not for my delivery. My daughter delivered. I took pre approved leave for 2 months initially, and then I sent a mail for its extension (for one more month). Now I got a letter with allegations and 'offer' of termination.
I want loss of pay leave for one more month.
How can I protect my job and as well as get leaves?
The attachments you sent are relating to one's own delivery I guess..
Thank you for your effort..
With regards
Rashmi.
From India, Bangalore
Hi, This is not the case of maternity. My daughter delivered and not me. Is there any resolution? Regards, Rashmi
From India, Bangalore
From India, Bangalore
Sir,
You have assessed correctly.
Initial leave was approved for 2 months. Then i sent via mail for extension (for 1 month-stating that my daughter and grandson needs more care for more month).
Then I got a reply saying my leave exention application was not considered and hence a notice asking why should i not be terminated from service.
I need your advice how to fight this as I really need pay-less leave for month. Is there any provision of law which helps me in this regard?
Many regards for your concern and advice.
Thanks,
Rashmi
From India, Bangalore
You have assessed correctly.
Initial leave was approved for 2 months. Then i sent via mail for extension (for 1 month-stating that my daughter and grandson needs more care for more month).
Then I got a reply saying my leave exention application was not considered and hence a notice asking why should i not be terminated from service.
I need your advice how to fight this as I really need pay-less leave for month. Is there any provision of law which helps me in this regard?
Many regards for your concern and advice.
Thanks,
Rashmi
From India, Bangalore
Dear Rashmi,
You have not stated whether the leave was duly granted by the management or not. There is a lot of difference between application for leave and grant of leave.
From your post it clearly reveals that you applied for leave for 3 months but did not take care to get due formal approval of leave by the management. Absence without sanction of leave by competent authority is treated as unauthorised absence and is termed as indiscipline on the part of the employee irrespective of whether the leave applied for is without pay or with pay.
If the situation is the same as I assumed, the management is right in taking action you for this misconduct. Just think, even if your domestic servant absents for a single day without your permission, you would not tolerate his absence. Here you have absented for 2.5 months without sanction of leave.
If you talk about law, the law would not come to your rescue if there is a misconduct of unauthorised absence on your part. The only way out for you is to humbly request the management to excuse you for this time with the assurance to be careful in future by not proceeding on leave without due sanction by the management.
From India, Delhi
You have not stated whether the leave was duly granted by the management or not. There is a lot of difference between application for leave and grant of leave.
From your post it clearly reveals that you applied for leave for 3 months but did not take care to get due formal approval of leave by the management. Absence without sanction of leave by competent authority is treated as unauthorised absence and is termed as indiscipline on the part of the employee irrespective of whether the leave applied for is without pay or with pay.
If the situation is the same as I assumed, the management is right in taking action you for this misconduct. Just think, even if your domestic servant absents for a single day without your permission, you would not tolerate his absence. Here you have absented for 2.5 months without sanction of leave.
If you talk about law, the law would not come to your rescue if there is a misconduct of unauthorised absence on your part. The only way out for you is to humbly request the management to excuse you for this time with the assurance to be careful in future by not proceeding on leave without due sanction by the management.
From India, Delhi
Sir,
Thank you very much. Your assumption of the fact is almost correct.
* Initially i applied for 2 months leave (with out pay), which was sanctioned.
* after the end of the second month, I applied for its extension for one more month.
* My second leave application was rejected and the management made additional allegations and asked me why should i not be suspended.
I respect your reasoning and I think, the only option available is to request them.
Thanks a lot for your help in clarifying.
Grateful to you.
Regards,
Rashmi
From India, Bangalore
Thank you very much. Your assumption of the fact is almost correct.
* Initially i applied for 2 months leave (with out pay), which was sanctioned.
* after the end of the second month, I applied for its extension for one more month.
* My second leave application was rejected and the management made additional allegations and asked me why should i not be suspended.
I respect your reasoning and I think, the only option available is to request them.
Thanks a lot for your help in clarifying.
Grateful to you.
Regards,
Rashmi
From India, Bangalore
Since you have been asked for an explanation through show cause notice "why you should not be terminated", you can explain your genuine reason which FORCED YOU to go a month long WITHOUT PAY. Request them to reconsider your case and make sure from your side such things will not repeat.
As, month long leave without any sanction will always be considered as an indisciplinary act from employee. If you had convinced your employer with genuineness of this leave, would have sanctioned and this situation would not have arisen.
All the best for getting reinstated to your employment.
Suresh
From India, Pune
As, month long leave without any sanction will always be considered as an indisciplinary act from employee. If you had convinced your employer with genuineness of this leave, would have sanctioned and this situation would not have arisen.
All the best for getting reinstated to your employment.
Suresh
From India, Pune
Dear Suresh,
Thank you very much for your advice. It's really helpful. I will see that my genuine reason is accepted by the employer.
@ Praveen, i am reiterating, my daughter delivered and not me!
With kind regards,
From India, Bangalore
Thank you very much for your advice. It's really helpful. I will see that my genuine reason is accepted by the employer.
@ Praveen, i am reiterating, my daughter delivered and not me!
With kind regards,
From India, Bangalore
Hi Rashmi,
Please let us know if you have received a termination letter or letter asking your explanation? We will be suggest something if we can see the copy of the letter received by you or please take sometime to key in the statements as given in the notice.
WR,
Ramanaiah
From India, Vijayawada
Please let us know if you have received a termination letter or letter asking your explanation? We will be suggest something if we can see the copy of the letter received by you or please take sometime to key in the statements as given in the notice.
WR,
Ramanaiah
From India, Vijayawada
Submissiveness through application for forgiveness with clear mention of your compelling grounds for extension of leave would be far far better to satisfy the management than to adopt any aggressive or legal recourse. So, you may better join your duty and get leave duly sanctioned, if you still need more leave to help your daughter at this juncture of taking tender care of the new born baby.
From India, Delhi
From India, Delhi
Request and plead with all humbleness. If you had been there for long they will oblige.
They will even tell you that they would take on as a new employee. Accept and join. You alone know how important the job is to you. Fighting will not help you with small private hospitals.
If they have just issued a letter asking for explanation, then it is not termination. You can report for work and give an explantion pleading guilty and requesting them to condone your absence. I am sure they will oblige
Sivasankaran
From India, Chennai
They will even tell you that they would take on as a new employee. Accept and join. You alone know how important the job is to you. Fighting will not help you with small private hospitals.
If they have just issued a letter asking for explanation, then it is not termination. You can report for work and give an explantion pleading guilty and requesting them to condone your absence. I am sure they will oblige
Sivasankaran
From India, Chennai
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