Anonymous
Currently, I'm working in Bangalore in an ITES/BPO company. I have more than 30 earned leaves. Earned leave above 30 will lapse after 31st December 2023, I requested my manager, but they denied the encashment of my upper limit leaves and did not allow me to utilise my upper limit leaves.

As per Occupation Safety and Health and Working Code 2020, employees other than supervisor/manager position can encash upper limit leave or utilise leave which will lapse. My question is whether or not the OSH 2020 code will apply to our company.

Thank you

From India, Bengaluru
Hi,
I understand your concern regarding the encashment or utilization of your earned leaves above the limit of 30. As per the Occupational Safety and Health and Working Code 2020, employees below the supervisor/manager position are entitled to encash or utilize their upper limit leaves before they lapse.

It is important to clarify whether the OSH 2020 code is applicable to our company. I would recommend discussing this matter with the HR department or seeking clarification from the relevant authorities to ensure that your rights as an employee are being upheld.

I hope that this issue can be resolved in a fair and timely manner.

Thanks

From India, Bangalore
The OSH Code is not yet enforced. But leaves are employee benefits and the same cannot be refused. If you apply for leave and the same is refused by your supervisor, the number of leaves refused will automatically get added to the maximum leaves which can be accumulated. As such, if you have a law (state rule) which permits accumulation of EL/PL upto 30 days and you have leave which will get lapsed in the month end, say you have 40 leaves of which 10 leaves would lapse by December end, then you should apply for 10 days' leave. Naturally, the RO will reject your application saying some reason. Obeying the order of the RO, you abstain from taking the leave. Then the leave refused will be added to the maximum limit of 30 days and 40 days leave will be carried forward to next year.
From India, Kannur
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