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Parameters defining unauthorized absence in company


27-Oct-2023 (In Labour & Service Law)
I am working as an Executive in a private sector bank. I visited USA on 30 days sanctioned leave. I extended my leave by 38 days producing medical certificate; received a communication from the Bank that the leave has not been considered favourably and advising me to report to duty immediately. I informed the Management that as I am under treatment and has been advised against travelling, it would not be possible to report to duty immediately. After joining duty, the Management has treated my extension of leave period as unauthorized absence. My question is: a) whether the Management can treat my application for sick leave as unauthorized absence? b) what are the parameters which determine whether an employee was on unauthorized absence? c) are there any decided cases similar to my case? d) what is the remedy available to me (to get unauthorized absence converted as sick leave)? Thanks in advance.
Answers (1)

Answer #1
785 votes
If absent is not sanctioned/ approved by the employer - it is considered as unauthorized absence. Each company has it's own standard of 'unauthorized absence' and how to treat it. If they have passed any punishment/ penalty order against you (even if not dismissal, but punishment such as less increment, no increment/ bonus etc), you can challenge it before the Labour Commissioner/ Court to have it commuted to lesser punishment or to treat is as sick leave itself, provided you submit all documents and contest the case.

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