Excellent explainations on the various types of leave.
Can you please clarify a point on the sick and maternity leave.
Amith Seth mentions Sick Leave at 8 days to be valiled only during that financial year, and any balance carried forward upto 45 days.
* the 8 days during financial year - is this full paid sick leave or unpaid?
* once any balance is carried over to the next fin year - is it then considered unpdaid?
Maternity Leave - is this fully paid or only a %.
Many thanks
From United Arab Emirates, Dubai
Can you please clarify a point on the sick and maternity leave.
Amith Seth mentions Sick Leave at 8 days to be valiled only during that financial year, and any balance carried forward upto 45 days.
* the 8 days during financial year - is this full paid sick leave or unpaid?
* once any balance is carried over to the next fin year - is it then considered unpdaid?
Maternity Leave - is this fully paid or only a %.
Many thanks
From United Arab Emirates, Dubai
Hi,
I wanted to know:
1. In case there is no balance leaves in my account and I've taken continuous 14 days leave including non-working days, should they charge LOP for non-working days as well?
2. My boss asked me to leave the organization on 20th March with an offer of 1-month salary. So, I took leaves (balance amount) and accepted his offer. Now, he is giving me 15 days' salary only by saying that I was on LOP. How should I go about this? I am planning to say that I am not leaving the job (no written agreement), and at the end of this month, I will be eligible for a bonus. Can I claim the bonus (after 1-year eligibility, mentioned in my offer letter) as he is laying me off?
From India, Faizabad
I wanted to know:
1. In case there is no balance leaves in my account and I've taken continuous 14 days leave including non-working days, should they charge LOP for non-working days as well?
2. My boss asked me to leave the organization on 20th March with an offer of 1-month salary. So, I took leaves (balance amount) and accepted his offer. Now, he is giving me 15 days' salary only by saying that I was on LOP. How should I go about this? I am planning to say that I am not leaving the job (no written agreement), and at the end of this month, I will be eligible for a bonus. Can I claim the bonus (after 1-year eligibility, mentioned in my offer letter) as he is laying me off?
From India, Faizabad
Dear Joy,
Third to Amit and Suri Babu, please find the link below to your query. There have been numerous discussions on this topic.
https://www.citehr.com/454815-leave-policy.html
From India, Mumbai
Third to Amit and Suri Babu, please find the link below to your query. There have been numerous discussions on this topic.
https://www.citehr.com/454815-leave-policy.html
From India, Mumbai
Dear Sunil,
If an employee has taken half a day on Saturday and a full day on Monday, then Sunday will be considered as leave.
For example, if an employee took half a day of sick leave on Saturday and requested one day of casual leave on Monday, then the employee must cancel the casual leave for Monday and instead apply for 3.5 days of sick leave (i.e., 0.5 day for Friday and 3 days for sick leave covering Saturday, Sunday, and Monday). The applicability of this process also depends on the company's leave policy. Some companies allow for this type of leave merging, while others do not.
Thank you.
From India, Mumbai
If an employee has taken half a day on Saturday and a full day on Monday, then Sunday will be considered as leave.
For example, if an employee took half a day of sick leave on Saturday and requested one day of casual leave on Monday, then the employee must cancel the casual leave for Monday and instead apply for 3.5 days of sick leave (i.e., 0.5 day for Friday and 3 days for sick leave covering Saturday, Sunday, and Monday). The applicability of this process also depends on the company's leave policy. Some companies allow for this type of leave merging, while others do not.
Thank you.
From India, Mumbai
Dear Friends,
Let me express my views on the thread for the sake of simplified clarity since the various questions posed one after another converted it into that of a questionnaire.
In employment parlance, the term 'leave' connotes a special meaning that it is a period of time for which an employee is allowed to be away from work for a special reason. It is therefore different from 'holiday' in that a holiday is a total closure of work, as such no permission is necessary, whereas leave is absence with permission from work.
The idea behind the grant of leave for employees is two-fold: the first one is to permit an employee to enable him to discharge his social obligations such as attending a marriage, calling on an ailing relative or a friend, etc., like any other member of society and meeting certain unforeseen contingencies like sudden indisposition of a family member or self; the second one is to permit him/her to rejuvenate himself/herself for a certain spell of time free of physical and mental pressures of work so that his productivity or capability to work is maintained at the optimum level.
Almost all the labor enactments applicable to particular types of industrial establishments do have special provisions relating to leave and holidays for employees depending upon their nature of work. In respect of managerial cadre employees, industries themselves devise their own leave policy and incorporate it into the service regulations of such people for the sake of uniform application.
Since the opening of this thread started with the kinds leave in factories, I shall also start with the leave provisions of the Factories Act, 1948. Other than the weekly holiday mentioned in Section 52 of the Act and maternity leave of 6 weeks prior to or after delivery permissible to eligible women workers under the Maternity Benefit Act, 1961, the only leave available to factory workmen is the Annual Leave with Wages allowed under Section 79 of the Act. It is permissible subject to the condition of working for 240 days or more in the previous year. That is in the case of an adult workman, leave will be allowed in the subsequent year at 1 day for every 20 days of work performed in the previous year and in the case of a child, 1 day for every 15 days. The days of lay-off, maternity leave not exceeding 12 weeks, and the leave earned in the year prior to that in which the leave is enjoyed will be treated as worked days for the purpose of computing the 240 days. The maximum number of days accumulated is 30 in the case of an adult and 40 in the case of a child. Encashment of unavailed number of days is permissible immediately on termination on account of discharge, dismissal, resignation, superannuation, or death. Leave shall be applied for permission before 15 days; if denied, the applied number of leave should be allowed to be carried over.
In the case of employees in shops and establishments, generally provisions for the grant of casual leave, sick leave each at 12 days a year, and privilege leave at 12 days are given in the respective State Enactments. Only privilege leave can be accumulated to a maximum of 24 or more days as in respective Acts. Unavailed portions of P.L should be paid on any kind of termination; S.L only on death.
In respect of contract labor, the leave provisions of the law applicable to the principal employer's establishment are applicable.
GENERALLY, holidays falling within the period of earned leave or prefix and suffix of holidays are permissible.
It should be borne in mind that it cannot be claimed as a matter of right; sanction is always subject to the exigencies of work only.
From India, Salem
Let me express my views on the thread for the sake of simplified clarity since the various questions posed one after another converted it into that of a questionnaire.
In employment parlance, the term 'leave' connotes a special meaning that it is a period of time for which an employee is allowed to be away from work for a special reason. It is therefore different from 'holiday' in that a holiday is a total closure of work, as such no permission is necessary, whereas leave is absence with permission from work.
The idea behind the grant of leave for employees is two-fold: the first one is to permit an employee to enable him to discharge his social obligations such as attending a marriage, calling on an ailing relative or a friend, etc., like any other member of society and meeting certain unforeseen contingencies like sudden indisposition of a family member or self; the second one is to permit him/her to rejuvenate himself/herself for a certain spell of time free of physical and mental pressures of work so that his productivity or capability to work is maintained at the optimum level.
Almost all the labor enactments applicable to particular types of industrial establishments do have special provisions relating to leave and holidays for employees depending upon their nature of work. In respect of managerial cadre employees, industries themselves devise their own leave policy and incorporate it into the service regulations of such people for the sake of uniform application.
Since the opening of this thread started with the kinds leave in factories, I shall also start with the leave provisions of the Factories Act, 1948. Other than the weekly holiday mentioned in Section 52 of the Act and maternity leave of 6 weeks prior to or after delivery permissible to eligible women workers under the Maternity Benefit Act, 1961, the only leave available to factory workmen is the Annual Leave with Wages allowed under Section 79 of the Act. It is permissible subject to the condition of working for 240 days or more in the previous year. That is in the case of an adult workman, leave will be allowed in the subsequent year at 1 day for every 20 days of work performed in the previous year and in the case of a child, 1 day for every 15 days. The days of lay-off, maternity leave not exceeding 12 weeks, and the leave earned in the year prior to that in which the leave is enjoyed will be treated as worked days for the purpose of computing the 240 days. The maximum number of days accumulated is 30 in the case of an adult and 40 in the case of a child. Encashment of unavailed number of days is permissible immediately on termination on account of discharge, dismissal, resignation, superannuation, or death. Leave shall be applied for permission before 15 days; if denied, the applied number of leave should be allowed to be carried over.
In the case of employees in shops and establishments, generally provisions for the grant of casual leave, sick leave each at 12 days a year, and privilege leave at 12 days are given in the respective State Enactments. Only privilege leave can be accumulated to a maximum of 24 or more days as in respective Acts. Unavailed portions of P.L should be paid on any kind of termination; S.L only on death.
In respect of contract labor, the leave provisions of the law applicable to the principal employer's establishment are applicable.
GENERALLY, holidays falling within the period of earned leave or prefix and suffix of holidays are permissible.
It should be borne in mind that it cannot be claimed as a matter of right; sanction is always subject to the exigencies of work only.
From India, Salem
yes that is the case in many companies. As nobody follows the rules as set by the factories act and also for management staff the rules are being kept different
From India, Mumbai
From India, Mumbai
after the completion casual leaves, late presents are deducted from which leaves in andhra pradesh government
Hi, I am working for an educational institution run by a trust. I would like to know about the types of leaves available, how to use them for vacation and non-vacation time, and also the accumulation and non-accumulation of leaves. We have permanent and non-permanent staff here.
Assist me in this.
AG
From India, Hyderabad
Assist me in this.
AG
From India, Hyderabad
Dear Sir,
Thank you so much for sharing with us. I want to ask a question: if I have CL, SL, and EL, can I take EL? If I want or the organization says that first, you have to adjust EL, then CL and SL, is it possible?
I apologize for the mistakes in English as I am weak in English.
From India, Ghaziabad
Thank you so much for sharing with us. I want to ask a question: if I have CL, SL, and EL, can I take EL? If I want or the organization says that first, you have to adjust EL, then CL and SL, is it possible?
I apologize for the mistakes in English as I am weak in English.
From India, Ghaziabad
Dear Pradeep,
From the very names of the leaves, you can understand that they are meant for different purposes. So, there cannot be any fixed order in which they have to be availed of or sanctioned. CL is meant for unforeseen circumstances, and SL is meant for sudden illnesses lasting for a short period, and both of these can be availed of within the calendar year. However, EL becomes operative only in the succeeding year as per the requirement of the employee, such as a vacation, subject to prior sanction of the employer. The combined enjoyment of these leaves depends upon the leave policy of the employer.
From India, Salem
From the very names of the leaves, you can understand that they are meant for different purposes. So, there cannot be any fixed order in which they have to be availed of or sanctioned. CL is meant for unforeseen circumstances, and SL is meant for sudden illnesses lasting for a short period, and both of these can be availed of within the calendar year. However, EL becomes operative only in the succeeding year as per the requirement of the employee, such as a vacation, subject to prior sanction of the employer. The combined enjoyment of these leaves depends upon the leave policy of the employer.
From India, Salem
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