Legal Question in Employment Law in India
If a central govt employee who is sanctioned a study leave and is pursuing the same, met an accident, before completing course, is there provision to recover "leave salary paid during study leave" from the benefits payable to his family out of gratuity/PF/Other asset ? Kindly provide details of provision under which it is so.
Well, There are provisions, I have seen, to recover "leave salary paid during study leave" from the employee if he "fails to complete the course (say, didn't study well and fails, or leave the course for other reasons)" or "quit service before 3 years from the date of completion of course" but these 2 situation are when employee himself does this, not something forced upon him.
2 Answers from Attorneys
24.11.2014
Dear Sir / Madam,
If the accident was so severe that the employee is crippled and cannot complete the course, the employer may, on medical grounds, refrain from recovering the leave salary paid during study leave from the employee.
Regards,
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