Hello everyone! I am taking care of the HR Deptt of my organisation.
My organisation has the following practice:
1. Probation period of 6 months.
2. Sick Leaves and Casual Leaves of 10 days each in a year(Jan to Dec); pro rata for those joining in between.
3. SL can be carried forward to the next year but CL gets lapsed, if not availed.
4. SL is permissible from day one(immediately on joining).
5. CL is permissible to be availed after the probation, with eligibility from the retrospective date of joining.
Now, the query/difference of opinion with the Management arose due to the following case:
(a) An employee joined on 14th June and was confirmed on 14th December. As such, he became eligible for 5 days of CL on a pro-rata basis.
(b) Due to self-illness, the employee was forced to take LWP for 12 days in November (after he had already availed of 5 days of SL).
(c) In December, he has 3 days going as LWP. However, against the credit of 5 days CL, he didn't avail ANY CL.
As such, I opined to the management that we can consider to adjust 3 days CL against the LWP and not deduct salary. The remaining 2 days of CL can also be compensated against the LWP of the last month (Adjustment is permissible). However, the management consulted one of the "HR experts" who advised that as the employee availed Leaves-LWP before his date of confirmation, i.e. 14.12.2024, CL can not be adjusted! My contention was if CL is authorized retrospectively, why can it not be adjusted?
I will be happy to receive valuable opinions/feedback, please.
Thanks and regards,
Rushabh Pandya
From India, Ahmedabad
My organisation has the following practice:
1. Probation period of 6 months.
2. Sick Leaves and Casual Leaves of 10 days each in a year(Jan to Dec); pro rata for those joining in between.
3. SL can be carried forward to the next year but CL gets lapsed, if not availed.
4. SL is permissible from day one(immediately on joining).
5. CL is permissible to be availed after the probation, with eligibility from the retrospective date of joining.
Now, the query/difference of opinion with the Management arose due to the following case:
(a) An employee joined on 14th June and was confirmed on 14th December. As such, he became eligible for 5 days of CL on a pro-rata basis.
(b) Due to self-illness, the employee was forced to take LWP for 12 days in November (after he had already availed of 5 days of SL).
(c) In December, he has 3 days going as LWP. However, against the credit of 5 days CL, he didn't avail ANY CL.
As such, I opined to the management that we can consider to adjust 3 days CL against the LWP and not deduct salary. The remaining 2 days of CL can also be compensated against the LWP of the last month (Adjustment is permissible). However, the management consulted one of the "HR experts" who advised that as the employee availed Leaves-LWP before his date of confirmation, i.e. 14.12.2024, CL can not be adjusted! My contention was if CL is authorized retrospectively, why can it not be adjusted?
I will be happy to receive valuable opinions/feedback, please.
Thanks and regards,
Rushabh Pandya
From India, Ahmedabad
First of all you cannot restrict any leave for the reason that the employee is on probation. If your establishment is a shop coming under the Shops and Commercial Establishments Act (state Act) then there are three types of leaves, sick leave, casual leave and earned or privileged leave. Both CL and SL are available right from joining whereas the EL will accrue after 12 months of service. Nowhere it is mentioned that CL or SL can be availed only after the employee is confirmed. Therefore, refusing an employee any leave on technical ground is bad in law. Certainly, any leave which is over and above the leaves admissible as per law can be restricted according to your / management decisions and polices. If your establishment is a manufacturing undertaking coming under the scope of Factories Act, and you give CL and SL during the initial one year of an employee's joining, then you can restrict the leave according to your policy because as per Factories Act, the only leave admissible is EL which will accrue only after 12 months of joining.
From India, Kannur
4279From India, Kannur
Dear Rushabh Pandya,
The "HR expert's advise seems to be confused and not valid. You need to follow the Leave Rule of your organization, it gives an impression your company have no policy for the management of leave.
In this crisis the management can take a decission to approve, because your policy is faulty and wrong. How your policy make one's leave lapse without giving an opportunity to use, as has happened in this case. Think of a person who is joining the company after June would not able to see the CL in his leave book because CL will lapse prior to credit at the end of calender year. You talk to your top management for a change in policy, as your present policy is lopsided and aginst the employees welfare.
From India, Mumbai
The "HR expert's advise seems to be confused and not valid. You need to follow the Leave Rule of your organization, it gives an impression your company have no policy for the management of leave.
In this crisis the management can take a decission to approve, because your policy is faulty and wrong. How your policy make one's leave lapse without giving an opportunity to use, as has happened in this case. Think of a person who is joining the company after June would not able to see the CL in his leave book because CL will lapse prior to credit at the end of calender year. You talk to your top management for a change in policy, as your present policy is lopsided and aginst the employees welfare.
From India, Mumbai
In case the organisation is covered under Shop and Est Act , the kindly check the LEAVES covered under it.
It differs from state to state.
CL is not covered under Factories Act .
However no one stops you to create additional benefit of carry forward of any type of leave .
However, it is prudent to understand as to what the Acts state and then you may take approval of additional benefits.
No Act otherwise States that CL or SL can be carried forward. It is only EL which can be carried forward and accumulated to the limit mentioned in Factories Act or Shop and Est Act of the state
From India, Delhi
It differs from state to state.
CL is not covered under Factories Act .
However no one stops you to create additional benefit of carry forward of any type of leave .
However, it is prudent to understand as to what the Acts state and then you may take approval of additional benefits.
No Act otherwise States that CL or SL can be carried forward. It is only EL which can be carried forward and accumulated to the limit mentioned in Factories Act or Shop and Est Act of the state
From India, Delhi
Generally speaking many of the establishments follow combination of CL, EL/PL & SL. While CL is can be availed proportionately for the service rendered, even during probation period, other types get credited only for the service rendered for the full or part of the year. The no.of days vary from estt. to estt.as most of these estts follow past practices & local needs. As we know CL normally availed half or full day at a time in cases of immediate requirement. Sometimes more than one day also granted when no other leave is available in the cr. There is a need to tackle some emergency of sickness or personal tragedy and there is no leave available in the cr. Here comes to play the discretion of the HOD or CEO who, considering the gravity of situation, agrees, as a special case, to come to rescue of the probationer by allowing leave against future accrual of EL/SL. I won't say this type of discretionary power shall be used as a routine but in deserving employees & in the helpless circumstances. I support the stand of HR, in willingness to 'help in need' (and with a view to avoid LWP early in the career of a fresher, money is immaterial but the entry in his/her record book). But the rider is, 'this accommodation can't be claimed as a matter of right' or quoted as a precedent..
From India, Bangalore
From India, Bangalore
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