Granting Of Paid Leave For Bye Elections

Hello,

Pls note that on November 30, 2011, Bye elections were held in few constituencies of Kolkata. In this regards the Government of West Bengal issued a Press Release which clearly directed the organizations to issue Paid Holiday to the employees who will be casting their voting rights.

The Bye elections did take place in my constituency as well and I did exercise my voting rights. But due to delay in voting as well as ill health I could not attend the office.

In this regards, also note that due to sickness, I was absent in the office from 25th November to 30th November.

When I requested to grant me paid leave on 30th November, 2011, surprisingly it was communicated to me that since I was on a continuous leave I won't be granted Paid holiday. I did check the official press release by Ste Government and found no such clause mentioned as such that that if an employee is absent for a continuous period of

more than X days prioir to the election day, he/she will not be granted a

Paid Holiday. Hence, I am bit confused as to why I won't be granted a Paid

Leave on that day!! On the contrary, since I did not have sufficient leave balance, the day of election will be considered as a LWP (Leave Without Pay).

Do you feel my organization is doing any justice to me? I would be obliged if any one can shed some lights on this issue.

Best,

Asish

If you have been on sick leave from 25th to 30th, you will be fit to work on 1st of December only. That means you were sick on 30th also. That may be reason why the company refused to give you holiday for the day of election. On the other hand, if your fitness certificate says that you are fit to work on 30th, then the decision of the company refusing you holiday with wages should be wrong.
Regards,
Madhu.T.K

Thanks for your kind response. I understand the logic here but I had to work from home from the very morning till evening for various reasons and hence I cannot be considered unfit. On one hand the organization says you could have joined office in the second half and since you didn't come a leave will be deducted (in my case it will be Leave Without Pay) which is totally derogatory to the rulebook set by the government. On the other hand they are refusing to accept the fact that I provided professional support from my home just because I was not present in the office.
Is that a good logic by an organization? I doubt.
Regards
Asish

If you are still in employment with the company, it is always desirable to settle the matter within the company itself. This is because, if it is raised as an industrial dispute, the company will victimise. Therefore, have a clean talk with the person dealing with such things and if required, with his superior officer and put an end to the problem. As stated by me earlier, the matter involves a lot of technical issues like, granting of sick leave, proof of being sick, fitness certificate etc. Therefore, if the matter is precipitated, everything should be taken out. The company could have considered your case more sympathetically in view of the fact that you do not have sufficient leave balance. At the same time, the version of the company will be that you have been so irregular that you finished your entire leave much earlier and that you have used sick leave without any medical ground etc etc. The company can easily refuse your joining in the absence of fitness certificate also. Therefore, think and act.

Regards,

Madhu.T.K