Hi all, I am working in a Pvt. Ltd. company, and I have joined in January 2012. An employee is entitled to take 22 leaves in a year. Can anyone please let me know how an employee can avail of these leaves? To date, I have taken 13.5 leaves and am still facing leave deductions. Please help.
From India, Delhi
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22From India, Delhi
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Though it depends upon the leave policy of the company, normally the leave does not accrue to an employee in the first year of service unless he completes one year of service or 240 days of service as the case may be. Probably, this must be the reason your salary is being deducted for the days of your absence in the first year of your service. Anyhow, check your leave policy.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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@saiconsult - Thanks a lot for this information. It will surely help me out.
@amit - I have thought of approaching my HR team today. I would note down the leave policy from them. I didn't know that the policy is different for new joiners. Your reply is appreciated.
Regards,
Aparna
From India, Delhi
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@amit - I have thought of approaching my HR team today. I would note down the leave policy from them. I didn't know that the policy is different for new joiners. Your reply is appreciated.
Regards,
Aparna
From India, Delhi
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Hello There, The leave policy differs from one organization to another. I suggest you to get in touuch with your 'HR' so that you will understand the procedure. Regards, Sudhir.N HR Professional
From India, Hyderabad
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From India, Hyderabad
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It depends on whether the company follows the calendar year or financial year for leave calculation.
Also, as your company provides you with 22 leaves in a year, you are entitled to 1.8 leaves per month (calculated on a pro-rated basis).
Additionally, as suggested by other colleagues, check the probation clause as well.
From India, New Delhi
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Also, as your company provides you with 22 leaves in a year, you are entitled to 1.8 leaves per month (calculated on a pro-rated basis).
Additionally, as suggested by other colleagues, check the probation clause as well.
From India, New Delhi
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Hi Neha,
Thank you very much for your response. In my company, we operate on a financial year basis. It is true that we are entitled to 1.8 leaves per month. However, during the probation period, a new employee is granted one leave per month, and after that, it increases to 1.8 leaves per month. Unfortunately, I have already utilized all my leaves, which is why I am experiencing deductions.
I appreciate your input.
Best regards,
Aparna
From India, Delhi
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Thank you very much for your response. In my company, we operate on a financial year basis. It is true that we are entitled to 1.8 leaves per month. However, during the probation period, a new employee is granted one leave per month, and after that, it increases to 1.8 leaves per month. Unfortunately, I have already utilized all my leaves, which is why I am experiencing deductions.
I appreciate your input.
Best regards,
Aparna
From India, Delhi
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As per the act, you are entitled to get one earned leave for every 20 working days (Factories Act 1948). I agree with the above emails. You have to know the company's probation period policy, confirmed employee policy, and then you will come to know about the leave structure.
From India, Vijayawada
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From India, Vijayawada
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Hi, The leave is calculated on pro ratio basis wherein you can avail 7 days once in four months. Hope this clarifies. Regards, chingari
From India, Bangalore
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From India, Bangalore
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It depends upon your terms of appointment to be read with the Leave Policy of the Company. You have not specified the type of leave applied for by you. If you are a trainee or probationer, you may not get EL until confirmation. The policy varies from organization to organization.
From India, Delhi
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From India, Delhi
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Dear All,
First of all, note that the HR department is working in the company for the sake of employees. The HR department is working to provide required services to the employees. Remove the impressions from your minds that HR is here to make unnecessary deductions and always change the salary structures.
The fact is that this is the only job that all employees can visualize as to what HR is doing in an organization, whereas all other things done for the company go unnoticed.
At the end of the day or month, HR is not only to provide you salaries but also many other things.
Please understand that HR department employees are also human beings, and human beings are prone to make mistakes. Here and there, a few mistakes might occur, but please understand that they would not purposefully put employees into trouble.
Always remember that official life is different, and personal life is different. Do not mix up both and blame HR that they have done it purposefully.
This is not only related to your case, but the comment made is in general. Usually, what employees feel about the HR department.
Regards,
Bharghavi
From India, Bangalore
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First of all, note that the HR department is working in the company for the sake of employees. The HR department is working to provide required services to the employees. Remove the impressions from your minds that HR is here to make unnecessary deductions and always change the salary structures.
The fact is that this is the only job that all employees can visualize as to what HR is doing in an organization, whereas all other things done for the company go unnoticed.
At the end of the day or month, HR is not only to provide you salaries but also many other things.
Please understand that HR department employees are also human beings, and human beings are prone to make mistakes. Here and there, a few mistakes might occur, but please understand that they would not purposefully put employees into trouble.
Always remember that official life is different, and personal life is different. Do not mix up both and blame HR that they have done it purposefully.
This is not only related to your case, but the comment made is in general. Usually, what employees feel about the HR department.
Regards,
Bharghavi
From India, Bangalore
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It depend upon the company policy and Leave Rules governing the Factory Act in case it is a factory and shops and establishment act in case your organization lies under this act
From India, Delhi
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From India, Delhi
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In Hosur, the following leaves are being given:
- CL: 7 days (not cumulative and cannot be combined with any leaves like SL, EL)
- SL: 7 days per year (can accumulate and can be combined with EL)
- EL: 30 days per year (only 3 times can be taken in a calendar year)
This is for your information.
V.R. Balu
From India, Kottayam
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- CL: 7 days (not cumulative and cannot be combined with any leaves like SL, EL)
- SL: 7 days per year (can accumulate and can be combined with EL)
- EL: 30 days per year (only 3 times can be taken in a calendar year)
This is for your information.
V.R. Balu
From India, Kottayam
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Dear Aparna,
As per the Factories Act, you are entitled to PL/EL after one year only. If you join in January, you will be eligible after one year, the next January. EL is calculated in the calendar year. For example, if you join in the middle of the year, June, from June to December, the number of days worked, which may be 180 days, 3/4ths should be worked for EL.
Regards,
V. SUBBARAO
9841103098
From India, Madras
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As per the Factories Act, you are entitled to PL/EL after one year only. If you join in January, you will be eligible after one year, the next January. EL is calculated in the calendar year. For example, if you join in the middle of the year, June, from June to December, the number of days worked, which may be 180 days, 3/4ths should be worked for EL.
Regards,
V. SUBBARAO
9841103098
From India, Madras
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Earned Leave
(i) These leaves are credited in advance at a uniform rate of
15 days on the 1 st January and 1 st July every year. Earned leave
can be accumulated up to 300 days (including the number of
days for which encashment has been allowed along with LTC).
– Rule 26 (1) and notification dated 18-04-2002.
From India, Aligarh
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(i) These leaves are credited in advance at a uniform rate of
15 days on the 1 st January and 1 st July every year. Earned leave
can be accumulated up to 300 days (including the number of
days for which encashment has been allowed along with LTC).
– Rule 26 (1) and notification dated 18-04-2002.
From India, Aligarh
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(f) Maternity Leave
• Leave as under is admissible to married/unmarried
female employees during -
(a) Pregnancy: 135 days.- Admissible only to
employees with less than two surviving children. – Rule
43(1)
(b) Miscarriage/abortion (induced or otherwise):
Total of 45 days in the entire service excluding any such
leave taken prior to 16-06-1994. Admissible irrespective
of number of surviving children. Application should be
supported by a certificate from a Registered Medical
Practitioner for Non Gazetted Officers and from
Authorised Medical Attendant for Gazetted Officers. –
Rule 43 (3)
(i) The leave is not debited to the leave account. – Rule 43 (5)
(ii) It is granted on full pay. – Rule 43 (2)
(iii) It may be co mbined with leave of any other kind. –
Rule 43 (4)
(iv) Not admissible for ‘threatened abortion – Rule 43, GID (4)
From India, Aligarh
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• Leave as under is admissible to married/unmarried
female employees during -
(a) Pregnancy: 135 days.- Admissible only to
employees with less than two surviving children. – Rule
43(1)
(b) Miscarriage/abortion (induced or otherwise):
Total of 45 days in the entire service excluding any such
leave taken prior to 16-06-1994. Admissible irrespective
of number of surviving children. Application should be
supported by a certificate from a Registered Medical
Practitioner for Non Gazetted Officers and from
Authorised Medical Attendant for Gazetted Officers. –
Rule 43 (3)
(i) The leave is not debited to the leave account. – Rule 43 (5)
(ii) It is granted on full pay. – Rule 43 (2)
(iii) It may be co mbined with leave of any other kind. –
Rule 43 (4)
(iv) Not admissible for ‘threatened abortion – Rule 43, GID (4)
From India, Aligarh
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Hi Mr. Molli,
In my company, the policy is different for both new joiners and permanent employees. During the probation period, only one leave per month is allowed for the employee. After the probation period, leaves are granted on a pro-rata basis.
Until a probationer becomes a permanent employee, he/she is not entitled to Earned Leave (EL).
Regards,
Aparna
From India, Delhi
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In my company, the policy is different for both new joiners and permanent employees. During the probation period, only one leave per month is allowed for the employee. After the probation period, leaves are granted on a pro-rata basis.
Until a probationer becomes a permanent employee, he/she is not entitled to Earned Leave (EL).
Regards,
Aparna
From India, Delhi
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Hi, Ms. Aparna,
Okay, then what you are saying is right. Every company has pre-established systems that have to comply with Indian acts. I think your company has an HR Manual. It would be better if you ask them and read it. That is a better reference for you.
R. K. Varaprasad Molli
Sr. Executive - HR & Admin
S&S Industries Inc.
Vizag
From India, Vijayawada
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Okay, then what you are saying is right. Every company has pre-established systems that have to comply with Indian acts. I think your company has an HR Manual. It would be better if you ask them and read it. That is a better reference for you.
R. K. Varaprasad Molli
Sr. Executive - HR & Admin
S&S Industries Inc.
Vizag
From India, Vijayawada
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Hi,
You are not eligible for leave as soon as you join the organization. The leave calendar starts from Jan to Dec, and leave is calculated pro-rata from the date of your joining.
First of all, leave is not your right as a salary. You have to earn your leaves. After the completion of one month of service, you will earn leave for the month you have completed. You cannot take leave in advance, which you have not earned. Hence, there is a deduction. After the completion of one year, you will earn your 22 days of leave. Also, check with your HR Department about the company leave policy for more details.
Regards, Jaya
From India, Bangalore
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You are not eligible for leave as soon as you join the organization. The leave calendar starts from Jan to Dec, and leave is calculated pro-rata from the date of your joining.
First of all, leave is not your right as a salary. You have to earn your leaves. After the completion of one month of service, you will earn leave for the month you have completed. You cannot take leave in advance, which you have not earned. Hence, there is a deduction. After the completion of one year, you will earn your 22 days of leave. Also, check with your HR Department about the company leave policy for more details.
Regards, Jaya
From India, Bangalore
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Dear Ms. Bhargavi,
I agree with what you are saying, but the HR role is one of the toughest roles in the organization. Dealing with human beings is very difficult; one has to understand the employees' problems and fulfill statutory requirements within the organization. As an HR person, I am telling you that HR professionals need to put themselves in the employees' positions before making decisions for the organization to run smoothly.
An HR person must motivate and provide training in the workplace. There are good HR professionals out there. Do not demotivate; express your problems to HR.
Thanks & Regards,
R K Varaprasad Molli
HR
From India, Vijayawada
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I agree with what you are saying, but the HR role is one of the toughest roles in the organization. Dealing with human beings is very difficult; one has to understand the employees' problems and fulfill statutory requirements within the organization. As an HR person, I am telling you that HR professionals need to put themselves in the employees' positions before making decisions for the organization to run smoothly.
An HR person must motivate and provide training in the workplace. There are good HR professionals out there. Do not demotivate; express your problems to HR.
Thanks & Regards,
R K Varaprasad Molli
HR
From India, Vijayawada
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