Company not granting leave in emergency situation what action to take
05-Feb-2023 (In Labour & Service Law)
Can a company deny leaves for 3 days to female in case if her child get hospitalised in an emergency situation. She is able to provide all medical and insurance proof, also has enough leave balance. Even in leave policy nothing was mentioned regarding any policy like this. Can u guide what legal action can be taken in this situation
In such an emergency situation, legally and on humanitarian grounds, leave can't be and shouldn't be refused. In case the same does get refused, you may take leave after intimation to the company on email. In case they deduct pay, you may take legal action which can be described if need arises.
If there is no contractual terms qua your leave in such a situation then you may go ahead upright and let the company takes an action againt you whatever they wish. And we can challenge the same by filing a declaratory suit.
Company not granting leave in emergency is "No legal right" of employee but she can still make a complaint to the Labour authorities.
An employee shall apply for leave in company and when the same is denied by company/management, employee shall file a complaint in labour authorities.
An employee shall apply for leave in company and when the same is denied by company/management, employee shall file a complaint in labour authorities.
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