New Labor Code
Under the new Labor Code (Industrial Relations Code, 2020) implemented in India, the rights of employees have been strengthened more than before. Especially regarding leaves, the law makes it clear that no employer can punish an employee for taking his legitimate leaves. This includes earned leave, casual leave, medical leave and other statutory leaves.
No punishment for taking leave
According to legal experts, if an employee takes leave within the limits of his statutory or contractual leave, then no disciplinary action can be taken against him for this. Even in the name of performance management, holidays should not be seen in a negative light. This means that taking leave is an employee’s right, not a weakness.
Action possible on leave exceeding the prescribed limit
However, if an employee repeatedly takes leave in excess of the prescribed limit without permission and it is considered willful misconduct, the employer may take action after proper investigation. But for this, fair investigation and following the rules is necessary.
Issue of taking leave during notice period
Experts say that it is generally not considered appropriate to fire someone for taking leave during the notice period. Since the employee has already resigned, there is little case to be made for termination merely on the basis of taking leave.
Question of increment and performance
In private sector, increment is not a legal right, it depends on company policy and performance. But according to experts, it may be unfair to stop the increment of holidays taken under fixed rights considering it as poor performance. Performance should be assessed on parameters like quality of work, output and timely delivery.
Strict security on maternity leave
The law is very strict regarding maternity leave. Any negative action taken due to pregnancy or maternity leave has been considered illegal by the courts.
What will happen in case of prolonged illness?
If the employee is unable to work for a long time due to serious illness, the employer can terminate the employment through legal process. But for this, solid medical evidence, fair process and humane approach are necessary. Additionally, if the illness qualifies as a disability, the employee gets additional legal protection.