Dear Sir/Madam,
My wife is working in educational institution. Post her maternity leave , she took a medical leave of 10 months based on Doctor suggestion and prescription. Medical leave was approved by the organization without pay for 10 months.
Now my question is " Is approved medical leave without pay for 10 months considered under the service for promotion or not"
If yes, Please share the relevant document for it.
Thank you.
Regards,
Vivek
From India, undefined
My wife is working in educational institution. Post her maternity leave , she took a medical leave of 10 months based on Doctor suggestion and prescription. Medical leave was approved by the organization without pay for 10 months.
Now my question is " Is approved medical leave without pay for 10 months considered under the service for promotion or not"
If yes, Please share the relevant document for it.
Thank you.
Regards,
Vivek
From India, undefined
Your question of "approved medical leave without pay for 10 months considered under the service for promotion or not", is difficult to answer, as her employer shall have to take a call on that.
However, coming back to the subject line of your query, approved medical leave can be considered as a continuous service, as the leave was requested alongwith substantiating proof and the same was approved by management. Hence we can not term it as unauthorised absence from duty.
For the purpose of gratuity payment, I am also reproducing the definition of continuous service-
QUOTE
2A. Continuous service.—For the purposes of this Act,—
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order 11 [***] treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
UNQUOTE
From India, Aizawl
584However, coming back to the subject line of your query, approved medical leave can be considered as a continuous service, as the leave was requested alongwith substantiating proof and the same was approved by management. Hence we can not term it as unauthorised absence from duty.
For the purpose of gratuity payment, I am also reproducing the definition of continuous service-
QUOTE
2A. Continuous service.—For the purposes of this Act,—
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order 11 [***] treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment), lay-off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
UNQUOTE
From India, Aizawl
Hi, It depends on that Institution, In normal course such long breaks will have impact on future Appraisal increment / promotions.
From India, Madras
From India, Madras
Thanks a lot for the reply. She has all the other eligibility except shortage of 6 months as per her current records. As this is an education institution they consider number of years on the role as a basic factor to be eligible for promotion. If this approved 10 months medical leave considered as continuous service, she gets eligibility to get promotion.
Is there any other document which talks about continuous service ( during medical leave ) apart from "2A. Continuous service.—For the purposes of this Act,".
From India, undefined
Is there any other document which talks about continuous service ( during medical leave ) apart from "2A. Continuous service.—For the purposes of this Act,".
From India, undefined
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
Karnataka Leave.xlsx
LEAVE APPLICATION.doc