4.UN-EARNED LEAVE ON MEDICAL CERTIFICATE

Introduction

This is another kind of leave available available to an employee which is ordinarily known as ‘Medical Leave’. The eligibility of leave has been given at the end of this book.

Rules

(a) The leave shall be sanctioned in terms of days even through it is applied in weeks or months – GO.O.Ms.No.160 P&A.R. Dt.15.2.80.

(b) Un-earned leave on Medical certificate may be allowed irrespective of the nature of disease whether it is fever or Jaundice or bodypain – Govt.Lr.No.39906/FR-I/76-10 P.W.D.Dt.15.12.76

(c) The employees intending to go on U.E.L on M.C Should give an under taking to the effect that they will refund the leave salary if they do not join duty on the expiry of leave G.O.No 795 Finance dt.22.7.76

(d) The above condition is not applicable in the case of an employee who dies during leave or retires while on leave or on Medical invalidation (T.N.L.R.15A) – G.O.Ms.No.795 Finance dt.22.7.76. (In a case which was brought to notice that action was taken to recover leave salary paid to the deceased employee forU.E.L.on MC as he did not rejoin duty. After long struggle of persuasion and with great reluctance the authority finally agreed. I do not know how the administration expect a deceased employee resume duty? He did not approached the rule by spirit but only tried to exercise his authority. This kind of attitude, if continued to be tolerated, it will become a ground for corruption.

(e) The condition of reasonable prospect of rejoining duty on expiry of leave is not necessary in the case of Tuberculosis, Leprosy and Cancer Patients. No leave salary should be recovered from them, even through they do not rejoin duty – G.O.Ms.No.795. Finance dt.22.7.76. (In their cases, they need not be expected to die).

Leave Eligibility

(a) The temporary employees are not eligible for this leave. Probationers may be allowed after completing two years of regular Service (T.N.L.R.15 (A) read with T.N.L.R.(23) and Govt.Lr.No.85891/79-33 P&A.R.dt.17.7.81.

(b) The admissible leave has been given at the end of this book. The leave is eligible depending on the length of service.

(c) In respect of T.B.Leprosy, Cancer and Hansens disease, the employee may be allowed entire leave without reference to the length of Service G.O.Ms.No.559 P & A.R.dt.25.6.83. employees undergoing treatment for Coronary Surgery, Kidney Transplantation or Retina Transplantation shall also be allowed this leave without reference to his Service – G.O.Ms.No.595 P&A.R.dt.3.11.89. Do you understand what does this mean? The eligibility of leave shall be restricted with reference to the length of service. In these case, irrespective of the length of service, 540 days leave may be given at a time. The only condition is that the Medical Board should recommend the leave.

Medical Certificate – Who has to give?

(a) Medical Certificate and fitness certificate may be given by an Authorised Medical Attendent (A.M.A) or Registered Medical Practitioner (R.M.P.) – Rule 16 Annexure II to F.R.

(b) Similarly, Certificates may also be issued by Medical Practitioners with H.P.L.M., C.G.I.M. and B.I.M qualification and who have registered their names with Boards of Integrated Medicines, Madras or Central Board of Indegenious Medicines – G.O.Ms.No.816 P&A.R.dt.31.7.81.

(c) Assistant Surgeons may also issue Medical certificate for all officers – Govt.Memo.No.45235/78-9 P&A.R.dt.21.5.79.

(d) Homeopathy Medical Practitioners employed under TamilNadu Government may also issue Medical certificate for leave – G.O.Ms.No.2235 Health dt.10.12.81.

Reference to Medical Board – When necessary?

(a) Employees applying for Medical leave shall be referred to the Medical board under the following circumstances (T.N.L.R.15A)

(I) When the leave applied exceeds 60 days i.e.Leave applied is 61days or more.

(II) When an employee frequently takes leave, in that case, he will be subhected to Medical board

(III) When an employee applies for leave after getting transfer orders. (That is after receipt of transfer orders) – Govt.Lr.No.16213A F.R /III/87-10 P &A.R.dt.26.2.88.

(b) The employee intends to go on Medical Leave should submit application within seven days. For example, if an employee goes on leave. From 3.5.98, he should submit application on or before 10.5.98. On receipt of application, where reference is necessary, it should be made within 3 days by treating the current on priority – G.O.Ms.No.411 P &A.R.DT.5.4.80.

(c) If the administration failed to refer the individual to the Medical Board, disciplinary action should be taken against the persons responsible – Govt.Lr.No.65114/F.R.III 0/82-6 P&A.R.dt.5.4.83.

(d) Where an employee failed to submit the application with 7days he will be sanctioned other kinds of leave and not Medical Leave – govt.Lr.No.1642/78-2/ P&A.R. dt 22.3.78

(e) Where an employee applied for Medical leave in time but was not referred to Medical Board due to administrative delay, even in this case also, leave other than Medical Leave should be sanctioned. If the individual insists on Medical leave. Government orders should be obtained. Govt.Lr.No.1642/78-2 P& A.R. dt.22.3.78 and Govt.Lr.No.5875383 P&A.R.dt.19.7.95.

(f) Where different kinds of leave is availed of in continuation, and total U.E.L.on MC exceeds 60days, it warrants reference to the Medical Board – Govt.Lr.No.96430/81-2 P&A.R. dt.8.4.82 and Govt.Lr.No.48445/F.R.V/95-1 P&A.R. dt.19.7.95.

(g) L.L.P. on Medical certificate, should also be referred to the Medical Board, if exceeds 60days – Govt.Lr.No.69548/82-1 P&A.R.dt.13.9.82.

Employees admitted in Private Hospitals – Whether reference to Medical Boards is necessary?

(a) In respect of employees undergoing treatment as in patients in private hospitals, following procedure should be adopted – G.O.Ms.No.307 P&A.R.dt 24.3.86 and G.O Ms. 239 P & SA.R dt 18.5.89.

(i) If the Medical Board is situated within a short distance, the patient should

be produced for Medical opinion . Ambulance charges if any paid for

this purpose, will be reimbursed.

(ii) If the Patient’s condition is so serious \, then the Medical records shall

be produced to the nearest Medical board for opinion.

Cancer, T.B. Leprosy, Coronary, Kidney or eye patients need not be referred to the Medical Board

(a) Patients undergoing treatment for T.B. Cancer and Hansens disease need not be referred to the Medical Board subject to the following conditions – Govt.Memo.No.195778/76-7 P&A.R. dt.3.1.78.

(i) In the case of T.B. Patients, Certificate issued by a Specialist working in a

T.B.hospital getting Government grant should be produced.

(ii) For Leprosy Patients Medical Certificate issued by a Medical Officer

Working in a hospital getting Government grant should be produced.

(iii) In the case of treatment for cancer and Hansens disease certificate

issued by a specialist working in the respective Government Hospital

should be produced.

(b) Similarly employees undergoing treatment for Coronary surgery and Kidney Transplantation may be allowed MC based on the Medical Certificate issued by a doctor attached to a recognized Institution G.O.Ms.No.532 P&A.R.dt.10.10.88.

(T.B.Leprosy and Cancer patients are eligible for “Pay Advance” Please refer the chapter “Loans and Advances”.

Employee admitted in Government Hospitals – whether referred to the Medical Board?

(a) Employees admitted in Government Hospitals may produce Medical Certificate issued by the Superintendent of the hospital. They need not be referred to the Medical Board – G.O.Ms.No.727 P& A.R.dt.12.7.80 and G.O.Ms.No.293 P& A.R. dt.18.5.89

(b) Similarly leave advised in continuation of discharge from Government Hospital need not be referred to the Medical Board provided the certificate is issued by the doctor who treated the employee before discharge – Govt.Lr.No.12087/82-4P&A.R.dt.12.5.82 and G.O.Ms.No.293 P& A.R. dt.18.5.89.

LEAVE RECKNOR

Classification of Leavee	SUPERIOR SERVICE			BASIC SERVICE
	Emergency (10) (a) (i) and Probationers		Approval Probationers and 15 years Completed Basic Service	10(a)(i) and Probationers	Approved Probationers (those not completed 15 years service)
U.E.L.on.M.C.	*Nil– Ruling(2) TNLR		2-5 years = 90days	Temporary :Nil Ruling (2) TNLR 23 Probationer : Ten days for every completed year	10 dyas for every completed years of service
			5-10 years = 180 days
			10-15 years = 270days
			15-20 years = 360 days
			Above 20years = 540 days
	Probationer is eligible if completed 2 years of service of service regular 0-2 years Nil 2-5 years 90 days 5-10 years 180days			If the basic servants complete 15 years service form the dae regularization, they shall be allowed U.E.L.on.M.C. as admissible to superior service employee.
U.E.L.on.P.A.	Nil	0-10years 90days Above 10years 180days		Not eligible, if they complete 15years from the date of regularization, they shall be allowed U.E.L.on.P.A.admissible to superior service employee.