Dear All,
I want to know some details about leave, how many leaves can be segregated.I want to know is casual leave is payed leave or without pay.Apart from Earned leave which is all considered as payed leave.Is sick leave is also payed leave how many leaves are there in corporates.Kindly let me know.
Rekha
From India, Madras
1I want to know some details about leave, how many leaves can be segregated.I want to know is casual leave is payed leave or without pay.Apart from Earned leave which is all considered as payed leave.Is sick leave is also payed leave how many leaves are there in corporates.Kindly let me know.
Rekha
From India, Madras
Hi Rekha..
Generally there are three types of leaves which are prevailing in the corporates apart from Maternity Leaves, these are-
Sick Leave:
Total No. of Sick Leave per year: 8
These are not paid leaves. Sick leaves over 3 continuous days need a medical certificate.
Casual Leave:
Total No. of Casual Leave per year: 8
Casual leave is also not a kind of Paid leaves. Prior intimation of 3 days at least is required to qualify a leave as a casual leave.
Earned Leave or Paid Leaves:
Total Number in a Year: 16
These are the leaves which are Paid leaves. And these can be carried forward to the next year.
Hope you will get some help from it..
Regards,
Amit Seth.
From India, Ahmadabad
Generally there are three types of leaves which are prevailing in the corporates apart from Maternity Leaves, these are-
Sick Leave:
Total No. of Sick Leave per year: 8
These are not paid leaves. Sick leaves over 3 continuous days need a medical certificate.
Casual Leave:
Total No. of Casual Leave per year: 8
Casual leave is also not a kind of Paid leaves. Prior intimation of 3 days at least is required to qualify a leave as a casual leave.
Earned Leave or Paid Leaves:
Total Number in a Year: 16
These are the leaves which are Paid leaves. And these can be carried forward to the next year.
Hope you will get some help from it..
Regards,
Amit Seth.
From India, Ahmadabad
Hi,
Is there a rule that the management needs to pay Earned Leave. And staff covered under ESI are they eligible for sick leave. And what is the max number of CL that can be granted.
Kindly clarify.
Thank you,
Neta
From India, Madras
Is there a rule that the management needs to pay Earned Leave. And staff covered under ESI are they eligible for sick leave. And what is the max number of CL that can be granted.
Kindly clarify.
Thank you,
Neta
From India, Madras
Hi Rekha/ Neta,
I understand you are from Chennai and considering your establishment covered under the TN Shops & Establishments Act, 1947. Find below the leave details as per the Act.
Privilege Leave/ Earn Leave:
Every person employed in any estb shall be entitled, after 12 months continuous service, to leave with wages for a period of 12 days in the subsequent period of 12 months. Max accumulation - 24days. Can be encashed.
Sick Leave:
Calculated on pro-rate from Date of Joining - 12days maximum. Can be accumulated (Max accumulation as per company policy)
Casual Leave:
Calculated on pro-rate from Date of Joining - 12days maximum. (can't be accumulated. Can be encashed.
Rgds,
Suresh Ramalingam
From India, Mumbai
I understand you are from Chennai and considering your establishment covered under the TN Shops & Establishments Act, 1947. Find below the leave details as per the Act.
Privilege Leave/ Earn Leave:
Every person employed in any estb shall be entitled, after 12 months continuous service, to leave with wages for a period of 12 days in the subsequent period of 12 months. Max accumulation - 24days. Can be encashed.
Sick Leave:
Calculated on pro-rate from Date of Joining - 12days maximum. Can be accumulated (Max accumulation as per company policy)
Casual Leave:
Calculated on pro-rate from Date of Joining - 12days maximum. (can't be accumulated. Can be encashed.
Rgds,
Suresh Ramalingam
From India, Mumbai
Dear Friends,
There is only one rule as per Factory Act 1948 which in simple terms state that 1 leave will be generated for every 20 working days.That means for 365 days 18.25 rounded to 19 days leave can only be generated.No where the act says that it is a PL or CL or SL.Employer's for the benefit of all & as a social welfare measure have classified SL/CL/PL for the benefit of employees.Hence you may find that no two companies will have same leave policy or pattern.As per Shops & Est Act 21 days leave will be given if the employee has worked for 240 days in the previous year.{Ref-Sec 35(1)Shop & Est Act 1948.}It is also stated in the law that leave can be carried forward (next year) to the maximum of 42days-(ref Sec 35[b] of Shop & Est Act 1948).There after it is upto the employer to lapse them or encash them in salary, or add in Leave bank & pay them at the time of retirement,etc.
Following is the detail Summary On the Chapter of Leaves for your benefit:-
The leave payable at various branches is governed by the Factories Act, 1948 at each of those worksites. The Factories Act, 1948 is applicable all over India. The leave is granted under this Act vide section 79, which reads as under:
“79. Annual leave with wages
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of –
(i)if an adult, one day for every twenty days of work performed by him during the previous calendar year;
(ii)if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation 1.– For the purpose of this sub-section –
(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 he shall not earn leave for these days.
Explanation 2.–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.
(2)A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
[(3)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 in sub- section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made –
(i)where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and
(ii)where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.]
(4)In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day’s leave, and fraction of less than half a day shall be omitted.
(5)If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, 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 in the case of an adult or forty in the case of a child:
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) [or in contravention of sub-section (10)] shall be entitled to carry forward the [leave refused] without any limit.
(6)A worker may at any time apply in writing to the manager of a factory 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:
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947):
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7)If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8)For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9)A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10)An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11)If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12)The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
Leave encashment does certainly attract PF.
I hope that I have answered all of your queries.
Regards,
Ashish.
From India, Mumbai
There is only one rule as per Factory Act 1948 which in simple terms state that 1 leave will be generated for every 20 working days.That means for 365 days 18.25 rounded to 19 days leave can only be generated.No where the act says that it is a PL or CL or SL.Employer's for the benefit of all & as a social welfare measure have classified SL/CL/PL for the benefit of employees.Hence you may find that no two companies will have same leave policy or pattern.As per Shops & Est Act 21 days leave will be given if the employee has worked for 240 days in the previous year.{Ref-Sec 35(1)Shop & Est Act 1948.}It is also stated in the law that leave can be carried forward (next year) to the maximum of 42days-(ref Sec 35[b] of Shop & Est Act 1948).There after it is upto the employer to lapse them or encash them in salary, or add in Leave bank & pay them at the time of retirement,etc.
Following is the detail Summary On the Chapter of Leaves for your benefit:-
The leave payable at various branches is governed by the Factories Act, 1948 at each of those worksites. The Factories Act, 1948 is applicable all over India. The leave is granted under this Act vide section 79, which reads as under:
“79. Annual leave with wages
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of –
(i)if an adult, one day for every twenty days of work performed by him during the previous calendar year;
(ii)if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation 1.– For the purpose of this sub-section –
(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 he shall not earn leave for these days.
Explanation 2.–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.
(2)A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
[(3)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 in sub- section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made –
(i)where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting; and
(ii)where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.]
(4)In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day’s leave, and fraction of less than half a day shall be omitted.
(5)If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, 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 in the case of an adult or forty in the case of a child:
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) [or in contravention of sub-section (10)] shall be entitled to carry forward the [leave refused] without any limit.
(6)A worker may at any time apply in writing to the manager of a factory 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:
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947):
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7)If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8)For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9)A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10)An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11)If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12)The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
Leave encashment does certainly attract PF.
I hope that I have answered all of your queries.
Regards,
Ashish.
From India, Mumbai
Hi Rekha,
As per law employees should get minimum 15 days of earned leave in a year & 12 days of CL/SL in a year. CL & SL are generally pro-rate.
Maternity & Paternity Leave (as per law)
Gazetted / national holidays & restricted Holidays (national holidays are fixed, you may increase the list but can¡¦t decrease)
You may change the names of the leave and call them whatever you want to.
Generally EL¡¦s & SL¡¦s are carried forward to next near & CL¡¦s not. EL¡¦s are calculated only against employees present and deducted for his absence period or leave without pay period.
You can limit the maximum accumulation for the leaves which are carried forward to next year and also give the option of encashment of EL¡¦s.
Generally companies bind their employees as follows:
„X You can¡¦t take more than 3 CL¡¦s consecutively
„X You can¡¦t take less than 3 EL¡¦s
„X For availing more than 3 SL¡¦s you need to get a medical certificate.
„X EL¡¦s & CL¡¦s can¡¦t be clubbed together.
„X SL¡¦s & CL¡¦s can be clubbed together.
„X Sundays & Holidays in between the leave days will be sandwiched & counted as leave period only etc.
Based on management discretion, the above may be changed for the employees of talent pool of the organization.
Try to give them as much flexibility as possible keeping in mind the notorious members also who proceed on leave and keep on extending their leaves, utilize all of them and sends you his / her resignation thereafter.
You may devise some extraordinary leave or special kind of leave for members going that extra mile e.g. 1 day off for blood donation etc.
Do not forget to keep the option of leave without pay to meet some emergencies.
You can¡¦t decrease the number of leaves specified by the Government but increase as much as you want.
Hope this will help you.
Sweety Singh
From India, Delhi
As per law employees should get minimum 15 days of earned leave in a year & 12 days of CL/SL in a year. CL & SL are generally pro-rate.
Maternity & Paternity Leave (as per law)
Gazetted / national holidays & restricted Holidays (national holidays are fixed, you may increase the list but can¡¦t decrease)
You may change the names of the leave and call them whatever you want to.
Generally EL¡¦s & SL¡¦s are carried forward to next near & CL¡¦s not. EL¡¦s are calculated only against employees present and deducted for his absence period or leave without pay period.
You can limit the maximum accumulation for the leaves which are carried forward to next year and also give the option of encashment of EL¡¦s.
Generally companies bind their employees as follows:
„X You can¡¦t take more than 3 CL¡¦s consecutively
„X You can¡¦t take less than 3 EL¡¦s
„X For availing more than 3 SL¡¦s you need to get a medical certificate.
„X EL¡¦s & CL¡¦s can¡¦t be clubbed together.
„X SL¡¦s & CL¡¦s can be clubbed together.
„X Sundays & Holidays in between the leave days will be sandwiched & counted as leave period only etc.
Based on management discretion, the above may be changed for the employees of talent pool of the organization.
Try to give them as much flexibility as possible keeping in mind the notorious members also who proceed on leave and keep on extending their leaves, utilize all of them and sends you his / her resignation thereafter.
You may devise some extraordinary leave or special kind of leave for members going that extra mile e.g. 1 day off for blood donation etc.
Do not forget to keep the option of leave without pay to meet some emergencies.
You can¡¦t decrease the number of leaves specified by the Government but increase as much as you want.
Hope this will help you.
Sweety Singh
From India, Delhi
Dear All,
Thanks for all, I'm working in IT company so now i have to segragate the leaves.
Kindly let me know i'm right or wrong,
1.Earned Leave - 19 ( With pay)
2.Casual leave - 12 (without pay)
3.Sick Leave - 12 (without pay)
4. Maternity Leave
This what we are decided to implement,kindly let me know what i decided is right or wrong.
Please help me out............
Regards
Rekha
From India, Madras
Thanks for all, I'm working in IT company so now i have to segragate the leaves.
Kindly let me know i'm right or wrong,
1.Earned Leave - 19 ( With pay)
2.Casual leave - 12 (without pay)
3.Sick Leave - 12 (without pay)
4. Maternity Leave
This what we are decided to implement,kindly let me know what i decided is right or wrong.
Please help me out............
Regards
Rekha
From India, Madras
Hi Rekha..
If you go with 19, 12 and 12 then it would be 43 leaves in total..
Whereas it is 32 leaves in a year..
So you may go ahead with
16 earned leaves
8 Casual Leaves and
8 Sick Leaves..
Whereas Maternity leaves will be applicable as per Act.
Regards,
Amit Seth.
From India, Ahmadabad
If you go with 19, 12 and 12 then it would be 43 leaves in total..
Whereas it is 32 leaves in a year..
So you may go ahead with
16 earned leaves
8 Casual Leaves and
8 Sick Leaves..
Whereas Maternity leaves will be applicable as per Act.
Regards,
Amit Seth.
From India, Ahmadabad
Hi rekha,
CL & SL can't be without pay. They are paid leaves. Employees are paid for the days they are on authorized CL / SL (you are going against the law).
You could add a different leave as 'Leave Without Pay'.
If anybody has anything to say on this, pls add your comments.
Sweety Singh
From India, Delhi
CL & SL can't be without pay. They are paid leaves. Employees are paid for the days they are on authorized CL / SL (you are going against the law).
You could add a different leave as 'Leave Without Pay'.
If anybody has anything to say on this, pls add your comments.
Sweety Singh
From India, Delhi
Hi,
Can you please tell me whetehr an employee can encash his EL immediately after completing 1 yr,if he/she is leaving the organisation?
And also pls let me knw whether an employer can give the benefit of EL if an employee is terminated for any reasons such as performance issues or misconduct.
Waiting for feedback.
Regards,
Laxmi
From India, Bangalore
Can you please tell me whetehr an employee can encash his EL immediately after completing 1 yr,if he/she is leaving the organisation?
And also pls let me knw whether an employer can give the benefit of EL if an employee is terminated for any reasons such as performance issues or misconduct.
Waiting for feedback.
Regards,
Laxmi
From India, Bangalore
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