hi, this side vandana, i am working in Dubai but looking after the operations in Mumbai and Delhi as well. I am working as Assistant Manager- HR, but i am a bit unsure regarding leave policy in India. In what circumstances the employee is eligible for paid leave. Waiting for your reply, Thanks & Regards Vandana Shukla
From United Arab Emirates, Dubai
From United Arab Emirates, Dubai
Privileged Leave
The Employees will be allowed one month’s Privilege Leave (inclusive of holidays and Sundays/ weekly offs) for 11 months active service in a year on full pay. Employees can not accumulate privilege leave. Privilege leave cannot be availed more than 2 times in a year. Privilege leave cannot be converted into or combined with any other type of leave, other than sick leave in case of genuine needs. (This will be at the discretion of the Management). In calculating leave, fraction of leave of half day or more shall be treated as one full day’s leave and fraction less than half day will be omitted.
For calculation of privilege leave, either prefix or suffix can be allowed as holiday and not both. However, if period of privilege leave is two weeks and more, prefix or suffix holidays will not be treated as days of privilege leave availed. Application for privilege leave shall normally be made at least one week in advance of availing leave Employees who have completed one year of continuous service shall be entitled to privilege leave of 21 days. For the purpose of calculation,
(a) any days of lay-off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but shall not earn leave for these days.
The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave. If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified above, even if he had not worked for the entire period specified therein making him eligible to avail of such leave. Where the worker is discharged or dismissed or quits employment, such payment shall be made before the expiry of the second working day from the date of such discharge, dismissal, or quitting and where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
If a worker does not in any one calendar year take the whole of the leave allowed to him, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year : PROVIDED that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty days and that a worker, who has applied for leave with wages but has not been given by the management due to any exigencies of service, such leave (leave refused) shall be carried forward to next year without any limit. A worker may at any time apply in writing to the manager not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year.
Casual Leave
Every confirmed employee will be allowed 8 days casual leave on full pay in a calendar year. Employees can avail half day casual leave for first half or second half of the shift with prior permission. Employees who join service in the course of the year will be allowed proportionate casual leave after their confirmation in the Company’s service. While calculating casual leave, fraction of leave for half day or more shall be treated as full day’s leave and fraction of less than half day shall be omitted. The casual leave is non-accumulative. However, unavailed full day casual leave will be added to the privilege leave in the following year. Not more than two days of CL can be taken at a time.
Sick Leave
Every confirmed employee will be allowed 4 days sick on full pay in a calendar year. Granting of Sick Leave will be at the sole discretion of the Management. Employees covered by ESI will get benefits as per ESI scheme. Absence for 3 days and more on sickness ground shall be supported by a medical certificate from a panel Doctor in case of ESI covered employees, and from a Registered Medical Practitioner in the case of Non ESI employees. Employees who join service during the year will be entitled only to the proportionate sick leave after their confirmation into Company’s service. Sick leave can neither be combined with casual leave nor encashed. According to the provisions, the employee should inform his/her Superior before 10.00 am on the same day. The Superior is then responsible to inform Personnel Department.
Maternity Leave
A married female employee will be granted paid maternity leave up to a maximum of 12 consecutive weeks as required by the relevant legislation’s applicable, or in force. However, a staff may apply for an additional one- (1) month leave based on a certificate issued by a certified medical practitioner as required by the Maternity Benefits Act 1961. This is only applicable for only the first delivery. A formal application will be submitted to the department head at least 30 days in advance. Paternity leave. A male confirmed Employee shall be entitled to one day's leave on the birth of a child by his legal wife. This is only applicable for up to Two (2) children in the family.
Emergency Leave
Should any Employee be unable to report to work on grounds of emergency, he/she should inform the Superior before 08.00 am on the same day. The Superior is then responsible to inform Personnel Department.
The Employee is responsible to inform directly to the Superior about the nature of the emergency leave. It is not acceptable to leave a message on Superior's voice mail except in extreme emergencies. In the case of having a voice mail message, a follow-up call must be made later. Such leave shall be recorded as casual leave if there is outstanding leave or as no-pay leave if his/her leave entitlement is exhausted. Emergency leave(s) taken by staff who is ill be deducted from his/her annual leave. Emergency leave can be rejected at the discretion of the Supervisor.
Thank RANJANA
From India, Mumbai
5The Employees will be allowed one month’s Privilege Leave (inclusive of holidays and Sundays/ weekly offs) for 11 months active service in a year on full pay. Employees can not accumulate privilege leave. Privilege leave cannot be availed more than 2 times in a year. Privilege leave cannot be converted into or combined with any other type of leave, other than sick leave in case of genuine needs. (This will be at the discretion of the Management). In calculating leave, fraction of leave of half day or more shall be treated as one full day’s leave and fraction less than half day will be omitted.
For calculation of privilege leave, either prefix or suffix can be allowed as holiday and not both. However, if period of privilege leave is two weeks and more, prefix or suffix holidays will not be treated as days of privilege leave availed. Application for privilege leave shall normally be made at least one week in advance of availing leave Employees who have completed one year of continuous service shall be entitled to privilege leave of 21 days. For the purpose of calculation,
(a) any days of lay-off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but shall not earn leave for these days.
The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave. If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified above, even if he had not worked for the entire period specified therein making him eligible to avail of such leave. Where the worker is discharged or dismissed or quits employment, such payment shall be made before the expiry of the second working day from the date of such discharge, dismissal, or quitting and where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
If a worker does not in any one calendar year take the whole of the leave allowed to him, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year : PROVIDED that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty days and that a worker, who has applied for leave with wages but has not been given by the management due to any exigencies of service, such leave (leave refused) shall be carried forward to next year without any limit. A worker may at any time apply in writing to the manager not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year.
Casual Leave
Every confirmed employee will be allowed 8 days casual leave on full pay in a calendar year. Employees can avail half day casual leave for first half or second half of the shift with prior permission. Employees who join service in the course of the year will be allowed proportionate casual leave after their confirmation in the Company’s service. While calculating casual leave, fraction of leave for half day or more shall be treated as full day’s leave and fraction of less than half day shall be omitted. The casual leave is non-accumulative. However, unavailed full day casual leave will be added to the privilege leave in the following year. Not more than two days of CL can be taken at a time.
Sick Leave
Every confirmed employee will be allowed 4 days sick on full pay in a calendar year. Granting of Sick Leave will be at the sole discretion of the Management. Employees covered by ESI will get benefits as per ESI scheme. Absence for 3 days and more on sickness ground shall be supported by a medical certificate from a panel Doctor in case of ESI covered employees, and from a Registered Medical Practitioner in the case of Non ESI employees. Employees who join service during the year will be entitled only to the proportionate sick leave after their confirmation into Company’s service. Sick leave can neither be combined with casual leave nor encashed. According to the provisions, the employee should inform his/her Superior before 10.00 am on the same day. The Superior is then responsible to inform Personnel Department.
Maternity Leave
A married female employee will be granted paid maternity leave up to a maximum of 12 consecutive weeks as required by the relevant legislation’s applicable, or in force. However, a staff may apply for an additional one- (1) month leave based on a certificate issued by a certified medical practitioner as required by the Maternity Benefits Act 1961. This is only applicable for only the first delivery. A formal application will be submitted to the department head at least 30 days in advance. Paternity leave. A male confirmed Employee shall be entitled to one day's leave on the birth of a child by his legal wife. This is only applicable for up to Two (2) children in the family.
Emergency Leave
Should any Employee be unable to report to work on grounds of emergency, he/she should inform the Superior before 08.00 am on the same day. The Superior is then responsible to inform Personnel Department.
The Employee is responsible to inform directly to the Superior about the nature of the emergency leave. It is not acceptable to leave a message on Superior's voice mail except in extreme emergencies. In the case of having a voice mail message, a follow-up call must be made later. Such leave shall be recorded as casual leave if there is outstanding leave or as no-pay leave if his/her leave entitlement is exhausted. Emergency leave(s) taken by staff who is ill be deducted from his/her annual leave. Emergency leave can be rejected at the discretion of the Supervisor.
Thank RANJANA
From India, Mumbai
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Employee Appraisal Form new.doc