Hi,

Please guide me on the following matter. I am working in a pharma company as an HR professional:

1. One of our employees went on maternity leave, and after her six months of leave, she applied for an additional 2 months of leave.
2. For the extra 2 months of leave, she requested to adjust her earned leave (EL) balance. She had only worked from January to April 2018 (took maternity leave from May to October 2018, and used EL from November to December).
3. As per my understanding of the act, for the next year (2019), she will only be eligible for EL corresponding to the months she was present at the factory, which is January to April 2018. However, she is claiming eligibility for the EL she applied for November and December 2018 as well.
Please advise me on whether she is eligible for the EL calculation for those two months in the next year.

From India, Bengaluru
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Glidor
651

EL is "earned" or counted on physical attendance only

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Dear Friends, Please give your valuable comments on the above topic.
From India, Bengaluru
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Dear Member, Earned leaves taken by the worker are to counted only for eligibility for next year but these are not to be considered for calculation of EL to be granted in the next year. R N KHOLA
From India, Delhi
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Dear Lokesh, Check your company policy is there any advance leave procedure otherwise make it LOP. Regards, K S T KRISHNA RAO
From India, Bangalore
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Hi, Complitely agree with u. s. sharma as, EL is "earned" or counted on physical attendance only. As per this law you can denied her request.
From India, Mumbai
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If an employee resigned and only worked for 20 days, with a balance of 10 days remaining, and then surrendered his ELs, in this case:

1. Do we need to pay one month's full salary or only the working days, which would be 20 days only?

Please provide me with your valuable suggestions.

From India, Bengaluru
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ML has not considered actual working days; that's why she's not eligible for EL. If she was physically working on those days, then she would be eligible. However, for EL calculation, 240 actual working days are compulsory as per the act.
From India, Solan
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