We have a query regarding leave eligibility. We are working in a construction firm, which is a partnership firm. As per our policy, an employee is eligible for only 12 paid leaves; no other leave is applicable. This means we get only one leave per month.
If an employee's confirmation falls on March 11, 2013, please let me know how many leaves he/she is eligible for. Should I consider March as well or not? Similarly, if his/her confirmation falls after the 16th of March, should I consider March or not?
Regards,
Sujata
From India, Pune
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10If an employee's confirmation falls on March 11, 2013, please let me know how many leaves he/she is eligible for. Should I consider March as well or not? Similarly, if his/her confirmation falls after the 16th of March, should I consider March or not?
Regards,
Sujata
From India, Pune
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its wrong practice as per law yet u have to calculate in round
From India, Faridabad
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From India, Faridabad
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Dear Sujata,
You have to formulate a policy in your company in such a way that the employee's confirmation begins prior to the 15th of any month. The same month may be taken into account to provide the calculation of leave. If it is after the 15th of the month, the same month may have to be ignored. As your company provides 12 days of paid leave to employees, you can calculate the leave accordingly by maintaining a uniform policy to avoid discrimination in the company. Nobody finds fault with you.
In the instant case, the employee confirmation falls on the 11th of March 2013. You have to give one day of paid leave for the month of March to the individual. But make sure that the employee completed the service at least one month before awarding one day of leave for the month of March 2013.
Suri Babu Komakula
From Canada, Calgary
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You have to formulate a policy in your company in such a way that the employee's confirmation begins prior to the 15th of any month. The same month may be taken into account to provide the calculation of leave. If it is after the 15th of the month, the same month may have to be ignored. As your company provides 12 days of paid leave to employees, you can calculate the leave accordingly by maintaining a uniform policy to avoid discrimination in the company. Nobody finds fault with you.
In the instant case, the employee confirmation falls on the 11th of March 2013. You have to give one day of paid leave for the month of March to the individual. But make sure that the employee completed the service at least one month before awarding one day of leave for the month of March 2013.
Suri Babu Komakula
From Canada, Calgary
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Dear sujata, Greetings for the day, It is wrong practice employee eligible for leave during probation period also. Thanks & Regards, From, Sumit Kumar Saxena
From India, Ghaziabad
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From India, Ghaziabad
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In India, labor legislations are silent on probation/confirmation with regards to rights and privileges of probationers or confirmed employees except for their definitions in model standing orders. These matters depend on company policies, job posts, industry practices, etc. Regarding entitlement to leaves, The Factories Act or Shop & Commercial Est. Act do not discriminate between probationers and permanent employees.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
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Varghese Mathew
09961266966
From India, Thiruvananthapuram
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Kind Attn: Mr. Banerjee Suppose the confirmation falls on 26th August 2013 & an employee will be working only for 6 days. In this matter can we provide 1/2 day leave or not. Please reply.
From India, Pune
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From India, Pune
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Dear member,
To keep it simple, round off the leaves to full days. Anything less than 1/2 is zero, and 1/2 and above is 1.
Secondly, you have mentioned that your company provides 12 days of leave. Under which Act are you covered: The Factories Act or the Shops & Establishment Act? Under both acts, the number of leaves granted is more than what you are currently providing. Please refer to the acts for better clarity.
Regards,
Preetam Deshpande
From India, Mumbai
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To keep it simple, round off the leaves to full days. Anything less than 1/2 is zero, and 1/2 and above is 1.
Secondly, you have mentioned that your company provides 12 days of leave. Under which Act are you covered: The Factories Act or the Shops & Establishment Act? Under both acts, the number of leaves granted is more than what you are currently providing. Please refer to the acts for better clarity.
Regards,
Preetam Deshpande
From India, Mumbai
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As other members have said, the process you follow is wrong. It should be in terms of the day when he joined, not confirmation (I talked in terms of the joining date, actually). The general rule is that you credit leaves for the probation period, but he can use them only after probation is over.
Further, you need to check the number of days required under the shop and establishment act or under the factory act (as applicable to you) for the minimum number of days required to be allowed for leave.
Assuming your owners are not willing to give additional days or change the starting reference point, I gave a suggestion of what will be fair. Finally, it's management's call (or HR's call) to decide what it wants to do.
For clarification, I am putting down what I was saying:
1. Anyone who worked the full month or has worked for more than 3 weeks in the month (22 to 31 days) should get the full day of leave.
2. Those who worked for less than 3 weeks (8 to 21 days) can be given a half day of leave for the first month.
3. Those who worked for less than 8 days in the month should not get leave credit for that starting month.
Hope this helps you work out your own method for the above.
From India, Mumbai
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Further, you need to check the number of days required under the shop and establishment act or under the factory act (as applicable to you) for the minimum number of days required to be allowed for leave.
Assuming your owners are not willing to give additional days or change the starting reference point, I gave a suggestion of what will be fair. Finally, it's management's call (or HR's call) to decide what it wants to do.
For clarification, I am putting down what I was saying:
1. Anyone who worked the full month or has worked for more than 3 weeks in the month (22 to 31 days) should get the full day of leave.
2. Those who worked for less than 3 weeks (8 to 21 days) can be given a half day of leave for the first month.
3. Those who worked for less than 8 days in the month should not get leave credit for that starting month.
Hope this helps you work out your own method for the above.
From India, Mumbai
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If you have a Standing Order, follow its provisions; otherwise, the model standing order is followed. Accrual of leave should be for the calendar year, after completion of a given number of days of the eligibility period. If he is eligible, then you should allow proportionate leave for the actual period of duty days he has put in.
From India, Bokaro
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From India, Bokaro
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