Legal Question in Employment Law in India

I am staying abroad in Europe in connection with my job. My wife who is an employee of a public sector company in India came to visit me. She fell sick and consulted a local doctor who issued her a medical certificate stating that she will have to remain under his observation upto a certain time which was beyond her approved leave period. She intimated this to her superior and requested for a medical leave. She got a reply that medical certificate issued by a doctor abroad is not acceptable. Is it a correct stand?


Asked on 10/28/09, 10:35 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case she had taken the permission of concerned department before leaving for Europe and the department is well intimidated and permission to leave india was granted to her, then the certificate issued by the doctor there would also be valid. she may file the certificate with the employer and in case they refuse to grant her medical leave, legal remedy is available.

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Answered on 10/28/09, 12:46 pm
Seshadri Srinivasan www.lawconcern.com

The stand is not correct.

Issue a lawyer notice and then file litigation if necessary.

regards

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Answered on 10/28/09, 8:32 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

She should consider an appropriate remedy only after she joins duty and any action is taken by the employer refusing leave. Your question at this stage is premature.

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Answered on 10/28/09, 9:03 pm


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