“If an employee goes on leave with a medical certificate and the Superintendents of Post Offices (SPOs) do not want to issue a leave order, do they have the authority to stop the salary? Please provide the rules?
In this article I will try to answer these questions briefly. However feel free to download the complete ruling below this article.
Guidelines on Medical Leave and Salary Disbursement for Employees
When an employee submits a medical certificate for leave, the sanctioning authority is responsible for and must follow specific rules and regulations. The Superintendent of Post Offices (SPOs)/SSPOs or any equivalent authority has limited discretion in handling such cases.
1. Leave is Not an Entitlement
Leave cannot be claimed as a matter of right by any employee. If the leave is not sanctioned, it will be considered unauthorized absence, and consequently, leave salary will not be drawn. The basic principle is:
- Duty: When an employee is on duty, they are entitled to their full salary.
- Leave: When leave is sanctioned, the employee is entitled to leave salary.
- Unauthorized Absence: In the case of unauthorized absence, no pay will be disbursed.
This fundamental logic underpins the multiple rules that come into play regarding leave management and salary.
2. Role of the Leave Sanctioning Authority
The authority responsible for sanctioning leave, such as the S/SPOs, must either grant the leave or seek a second medical opinion by verifying the authenticity of a medical certificate. The following steps outline the responsibilities of the leave sanctioning authority:
- Grant Leave: The authority can choose to accept the medical certificate and grant the leave as requested.
- Seek Second Medical Opinion: The authority has the option to refer the employee for a second medical opinion, even if the medical certificate is issued by a government or private doctor. This must be done in consultation with the District Surgeon or an equivalent medical authority.
The leave sanctioning authority does not have the power to stop the salary arbitrarily without following due process.
3. Procedures for Obtaining a Second Medical Opinion
The leave sanctioning authority can request a second medical opinion under the following conditions:
- Referral to District Surgeon: The authority may refer the case to the District Surgeon for a second opinion, which is permissible regardless of whether the initial medical certificate was issued by a government or private doctor.
- No Discretion to Deny Leave Arbitrarily: Except for referring the case for a second medical opinion, the leave sanctioning authority does not have any other options. If there are doubts regarding the medical certificate, the case should be referred for a second opinion rather than outright denial of leave.
Employees may appeal to the DPS if they feel their leave has been unjustly denied or mishandled.
4. Rule 19 (5) Compliance
As per Rule 19 (5), it is stated that the leave order from the authority must be awaited. It does not specify that the leave should be refused without proper procedure. The rule ensures that the authority must take action based on the second medical opinion or grant the leave as appropriate.
5. Authority’s Limitations on Medical Expertise
The Divisional Head (DH) or the SPOs does not possess the medical qualifications to challenge the advice provided by a certified medical professional. The only two options available to the DH or SPOs are:
- Grant the Leave: Accept the medical certificate and approve the leave.
- Seek Second Medical Opinion: Refer the employee for a second medical opinion to ensure the validity of the medical certificate.
The DH or SPOs cannot make unilateral decisions regarding the denial of leave based on their discretion without following the proper medical and procedural channels.
For detailed rulings and complete guidelines please Download CENTRAL CIVIL SERVICES, (LEAVE) RULES, 1972. (UPDATED AS ON 18.10.2023)