Ruma Mishra
1

Dear all,
This is Ruma working as Hr in a manufacturing company. I want to know what are the provision for casual leave for a new joinee. Can he take casual leave in the month in which he join. When he will able to take casual leave according to law.
Thanks in advance. Kindly help.
Regards
Ruma

From India, Hyderabad
Sharmila Das
990

Dear Ms. Ruma Mishra,
An employee can avail the Sick/ Casual leave during the probation period. He/she can avail 1 day in each month or on pro-rata basis. Pro-rata basis would be suggested as the EL or PL can be availed by the employee once after the completion of the probation period.

From India, Visakhapatnam
saiconsult
1899

Casual leave is admissible under your standing orders.Normally the standing orders fix the number of casual leave as 10 or 12 to be taken in a year and also prescribe as to how many casual leave shall betaken on one occassion - say 3 CLs on one occassion.Casula leave normally accrues at the rate of one per one month.Thus probationer can avail casual leave on prorata basis.
B.Saikumar
HR & Labour Law Advsior
Mumbai

From India, Mumbai
mrfsuresh
9

Dear Friend, In the Private Sector, It depends upon the discretion of the management. Regards, Suresh K
From India, Chennai
kamalkantps
314

Dear Ruma,

This concept depends how big your manufacturing concern is. if your manufacturing concern is big enough that it has 100 employees, model standing orders under THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 shall be applicable on your concern, which talks about the casual leaves of 10 days to be given to an employee other than the leaves available to him under the factories act chapter VIII. the probation period is also given as 3 months for such concerns. However the Model Standing Orders are also silent on the eligibility part. Means since when these leaves shall be accrued by the employee.

Hence it gives scope of Interpretation and Policy making on part of the Management. If you seek my opinion i would suggest to allow him atleast 1 leave per month till expiry of his probation period but in case of grave sickness he should be given the maximum possible leaves.

In case of lesser employees strength it would be the discretion of the Management but again i would suggest that atleast 1 leave should be provided to the employee while on probation as leaves are related to employee benefit and all labour laws being beneficial legislations, we need to give them most liberal interpretation possible. Please note that the concept of casual leaves is only given under the Model standing orders under THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 and not under the Factories Act that is why i said that employee should be given leaves as per the discretion of the Management.

Feel free to revert in case of any doubt.

From India, New Delhi
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