Hi,
I have been an employee of my current organization for 11.5 months. My leave balance shows 13 Casual Leaves, 3 Sick leaves, and 9 Earned Leaves (this I cannot avail right now as I am on probation period). I will become a permanent employee in 15 days. The problem is, right now our company does not have any HR person. All the attendance/leave issues are handled by the front office executive. I had taken a leave of 6 days in May. Suddenly, I see that 4 days' pay has been cut from my salary. They say there is a company policy that an employee cannot avail more than 2 casual leaves in a month. Is this possible?
I have been asked to fill in the leave card. What should I do about that? Please help me out with this at the earliest.
Also, one more concern that I have is, the front office executive who is handling HR issues is not good. She has access to all employee files, and I have heard her discuss the salary of other employees with her friends in the office. Is this fair? This bothers me as it is not professional behavior. Please advise on what should be done in the matter. The company does not seem too inclined to hire an HR manager due to financial problems, and I don't want to get in the bad books of the MD or GM of the company by complaining straight away. Please advise on a proper course of action. Thanks!
From India, Calcutta
Acknowledge(0)
Amend(0)
1I have been an employee of my current organization for 11.5 months. My leave balance shows 13 Casual Leaves, 3 Sick leaves, and 9 Earned Leaves (this I cannot avail right now as I am on probation period). I will become a permanent employee in 15 days. The problem is, right now our company does not have any HR person. All the attendance/leave issues are handled by the front office executive. I had taken a leave of 6 days in May. Suddenly, I see that 4 days' pay has been cut from my salary. They say there is a company policy that an employee cannot avail more than 2 casual leaves in a month. Is this possible?
I have been asked to fill in the leave card. What should I do about that? Please help me out with this at the earliest.
Also, one more concern that I have is, the front office executive who is handling HR issues is not good. She has access to all employee files, and I have heard her discuss the salary of other employees with her friends in the office. Is this fair? This bothers me as it is not professional behavior. Please advise on what should be done in the matter. The company does not seem too inclined to hire an HR manager due to financial problems, and I don't want to get in the bad books of the MD or GM of the company by complaining straight away. Please advise on a proper course of action. Thanks!
From India, Calcutta
Acknowledge(0)Amend(0)
But earlier there was no such rule in the company. I have availed more than 2 CLs before. Doesn’t this have to be conveyed as company policy? or is it mentioned in the Factory Act?
From India, Calcutta
Acknowledge(0)Amend(0)
From India, Calcutta
Acknowledge(0)Amend(0)
Hi Payal,
I have seen some companies following the trend of pay cut if CL surpasses the maximum permissible, i.e., 2 in your case. They normally do it, saying that what if an employee avails all the leaves on a paid basis in a month or so and then leaves the organization. However, some companies don't follow it.
As far as the discussion of your salary is concerned, please make sure that you have witnessed it and your allegation is right. If this is actually being done, then please observe your company environment. Even though you are justified in questioning it, I suggest assessing the company environment to understand how seriously your company takes it. Then, go ahead and tell your MD or GM politely about what's happening in the office by saying, "I just wanted to discuss something that was making me feel uncomfortable."
All the best
From India, Chandigarh
Acknowledge(0)Amend(0)
I have seen some companies following the trend of pay cut if CL surpasses the maximum permissible, i.e., 2 in your case. They normally do it, saying that what if an employee avails all the leaves on a paid basis in a month or so and then leaves the organization. However, some companies don't follow it.
As far as the discussion of your salary is concerned, please make sure that you have witnessed it and your allegation is right. If this is actually being done, then please observe your company environment. Even though you are justified in questioning it, I suggest assessing the company environment to understand how seriously your company takes it. Then, go ahead and tell your MD or GM politely about what's happening in the office by saying, "I just wanted to discuss something that was making me feel uncomfortable."
All the best
From India, Chandigarh
Acknowledge(0)Amend(0)
Hi Neha,
Thanks for the reply. I am very sure about the salary discussion as I have heard it myself. I can take a chance by talking to the MD as he is more professional in his approach. The GM does not give importance to professionalism and might turn this into a casual matter. I really feel that an HR manager is important even if the number of employees is less.
From India, Calcutta
Acknowledge(0)Amend(0)
Thanks for the reply. I am very sure about the salary discussion as I have heard it myself. I can take a chance by talking to the MD as he is more professional in his approach. The GM does not give importance to professionalism and might turn this into a casual matter. I really feel that an HR manager is important even if the number of employees is less.
From India, Calcutta
Acknowledge(0)Amend(0)
I agree with you, Payal, that having an HR person is necessary. However, as you mentioned, finances create a problem. So, it's better if they hire an executive, or even if the front office executive is handling it, she should at least be ethical. You have a strong point, so go ahead and talk to the Managing Director. State your point not as a complaint against her but as a concern for the organization in a polite manner. All the best.
From India, Chandigarh
Acknowledge(0)Amend(0)
From India, Chandigarh
Acknowledge(0)Amend(0)
Payal,
The company may have inherent rules regarding the number of CL's allowed in a month, but the important point is that this information must be communicated to employees when they join. If leave is requested in advance, i.e., before taking the leave, the employee should receive a response indicating whether it has been fully or partially sanctioned.
When it comes to discussing salary, it should be brought to the attention of upper management. You should also inform upper management about your planned leaves and convey that there is a need for a more effective system for leave approval.
From China, Leizhou
Acknowledge(0)Amend(0)
The company may have inherent rules regarding the number of CL's allowed in a month, but the important point is that this information must be communicated to employees when they join. If leave is requested in advance, i.e., before taking the leave, the employee should receive a response indicating whether it has been fully or partially sanctioned.
When it comes to discussing salary, it should be brought to the attention of upper management. You should also inform upper management about your planned leaves and convey that there is a need for a more effective system for leave approval.
From China, Leizhou
Acknowledge(0)Amend(0)
Dear Payal,
If the policy was explained to you at the time of joining, then you have to adhere to it. Secondly, salary is confidential; hence, discussing the same with the executive is not right. Try talking to the executive - maybe he/she does not know, and you addressing it directly to them would help.
From India, New Delhi
Acknowledge(0)Amend(0)
If the policy was explained to you at the time of joining, then you have to adhere to it. Secondly, salary is confidential; hence, discussing the same with the executive is not right. Try talking to the executive - maybe he/she does not know, and you addressing it directly to them would help.
From India, New Delhi
Acknowledge(0)Amend(0)
Payal,
Please check your leave policy. It totally depends on the company's leave policy. If they have documented it in their leave policy, then they are right. Otherwise, you are eligible to avail your available leaves.
Regards,
Amit Seth.
From India, Ahmadabad
Acknowledge(0)Amend(0)
Please check your leave policy. It totally depends on the company's leave policy. If they have documented it in their leave policy, then they are right. Otherwise, you are eligible to avail your available leaves.
Regards,
Amit Seth.
From India, Ahmadabad
Acknowledge(0)Amend(0)
Dear Payal,
It's nice to hear that you are working with the same organization for 11.5 months, and in another 15 days, you are going to become a permanent employee of your present organization.
I congratulate you first for successfully completing your one-year service with your present organization.
It's better to review first your company's leave policy, then you can come to a conclusion. If your company is giving you 13 days of leave as CL, and these leaves are given to you at a time to utilize in the present assessment year, then you have all the right to utilize the 4 days of leave you applied for, and your company has no right to say that you cannot take more than 2 days of leave in any month. If your company has specified that you are supposed to take only two days of leave as CL, then you have no chance to discuss the same.
Regarding the HR Manager, as you said that your company is facing financial crises, it's better to hire an Executive who has experience of about 2-3 years as a Generalist so that he/she can take total responsibility for employees' issues.
In the same context, you were discussing the FOE who is handling all employee records and misusing employee information. It's better to discuss with your higher official first and escalate the issue. If nothing happens, you can take it to your MD and share your information with him about the FOE. At the same time, you can suggest hiring an HR who can manage all processes in the organization.
In presenting the issue in front of your MD, he should make decisions keeping employees' benefits in mind and act accordingly.
All the very best, and have a great day.
From India, Hyderabad
Acknowledge(0)Amend(0)
It's nice to hear that you are working with the same organization for 11.5 months, and in another 15 days, you are going to become a permanent employee of your present organization.
I congratulate you first for successfully completing your one-year service with your present organization.
It's better to review first your company's leave policy, then you can come to a conclusion. If your company is giving you 13 days of leave as CL, and these leaves are given to you at a time to utilize in the present assessment year, then you have all the right to utilize the 4 days of leave you applied for, and your company has no right to say that you cannot take more than 2 days of leave in any month. If your company has specified that you are supposed to take only two days of leave as CL, then you have no chance to discuss the same.
Regarding the HR Manager, as you said that your company is facing financial crises, it's better to hire an Executive who has experience of about 2-3 years as a Generalist so that he/she can take total responsibility for employees' issues.
In the same context, you were discussing the FOE who is handling all employee records and misusing employee information. It's better to discuss with your higher official first and escalate the issue. If nothing happens, you can take it to your MD and share your information with him about the FOE. At the same time, you can suggest hiring an HR who can manage all processes in the organization.
In presenting the issue in front of your MD, he should make decisions keeping employees' benefits in mind and act accordingly.
All the very best, and have a great day.
From India, Hyderabad
Acknowledge(0)Amend(0)
Thanks a lot for all the replies. I have had a look at the leave rules and this is what it says:
All leaves should preferably be pre sanctioned by controlling Authority. The following guidelines should be adhered to by all the employees-
Medical Leave – Should be availed in emergencies only with intimation. More than 2 days leave at one stretch will require medical certificate. It can be accumulated up to 70 days, beyond which it may be lapsed and will not get encashed.
Casual Leave – Should preferably be pre – sanctioned. The balance leaves at the end of the calendar year will automatically be encashed.This should be availed on pro data basis during the year.
Earned Leave – To be availed only when it is earned. This can be accumulated up to 150 days. 50% of the outstanding E/L can be encashed any time. Entire E/L outstanding on the individual will get encashed at the time of retirement/separation.
Two kinds of leaves cannot be mixed in one stretch. However, EL+ SL may be considered in case of requirement by an individual on medical ground.
Off days falling within the leave period will be taken as Leave, except in case of CL.
Unsanctioned leave will be considered as Leave without Pay.
This issues with the approval of competent authority.
This will come into effect from 1.4.07
I had not applied for the 4 days leave as it was an emergency for which i had left from office after informing the MD and VP. For the other 3 days i had called the VP and informed him of the situation. They were all aware of this. For the other 2 days of leave that i took later in the month, i had applied before hand and it was granted by my boss.
From India, Calcutta
Acknowledge(0)Amend(0)
All leaves should preferably be pre sanctioned by controlling Authority. The following guidelines should be adhered to by all the employees-
Medical Leave – Should be availed in emergencies only with intimation. More than 2 days leave at one stretch will require medical certificate. It can be accumulated up to 70 days, beyond which it may be lapsed and will not get encashed.
Casual Leave – Should preferably be pre – sanctioned. The balance leaves at the end of the calendar year will automatically be encashed.This should be availed on pro data basis during the year.
Earned Leave – To be availed only when it is earned. This can be accumulated up to 150 days. 50% of the outstanding E/L can be encashed any time. Entire E/L outstanding on the individual will get encashed at the time of retirement/separation.
Two kinds of leaves cannot be mixed in one stretch. However, EL+ SL may be considered in case of requirement by an individual on medical ground.
Off days falling within the leave period will be taken as Leave, except in case of CL.
Unsanctioned leave will be considered as Leave without Pay.
This issues with the approval of competent authority.
This will come into effect from 1.4.07
I had not applied for the 4 days leave as it was an emergency for which i had left from office after informing the MD and VP. For the other 3 days i had called the VP and informed him of the situation. They were all aware of this. For the other 2 days of leave that i took later in the month, i had applied before hand and it was granted by my boss.
From India, Calcutta
Acknowledge(0)Amend(0)
Hi Payal,
It is very clear that if it is mentioned in the policy, you should adhere to it. As you said, you availed more than 2 days of leave before that, so it is clear that there is no such policy. In case they have amended the policy, the same should be conveyed to the team, so you have the right to take the issue to the concerned person (i.e., the front office executive).
Have you had the leave approved by your immediate manager? If yes, you can communicate through him.
Coming to discussing the salary part, it is a serious issue. First, you talk to the front office executive. If you find no changes, you should take the issue to the manager and to the MD.
From India, Bangalore
Acknowledge(0)Amend(0)
It is very clear that if it is mentioned in the policy, you should adhere to it. As you said, you availed more than 2 days of leave before that, so it is clear that there is no such policy. In case they have amended the policy, the same should be conveyed to the team, so you have the right to take the issue to the concerned person (i.e., the front office executive).
Have you had the leave approved by your immediate manager? If yes, you can communicate through him.
Coming to discussing the salary part, it is a serious issue. First, you talk to the front office executive. If you find no changes, you should take the issue to the manager and to the MD.
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Payal, Before post the article you must go through company policy for leave.If you not agree with policy or some problem you can meet HR Head. Regards, Dada
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Payal,
It is evident from the Leave Policy that Casual Leave needs to be taken on a pro-rata basis. Therefore, I hope your salary deduction issue is resolved. For the other concern, you need to discuss this with your HOD and then escalate the matter to your MD.
Your company is in serious need of an HR person to update all policies (noting that your leave policy's effective date is 2007). I wish you all the best!
From India, Mumbai
Acknowledge(0)Amend(0)
It is evident from the Leave Policy that Casual Leave needs to be taken on a pro-rata basis. Therefore, I hope your salary deduction issue is resolved. For the other concern, you need to discuss this with your HOD and then escalate the matter to your MD.
Your company is in serious need of an HR person to update all policies (noting that your leave policy's effective date is 2007). I wish you all the best!
From India, Mumbai
Acknowledge(0)Amend(0)
As per legal labour law, one can avail 1 casual leave every 45 days (including holidays), meaning you receive a salary for 45 days. A minimum of 7 casual leaves is allowed in a year.
Earned/paid/privilege leave can be availed at a ratio of 1 leave for every 20 working days, with a minimum of 14 leaves in a year.
Medical leave can be taken on the grounds of certification by a medical practitioner, with a minimum of 7 leaves allowed in a year.
Company HR/Personnel policy should not violate the above figures, but they can choose to provide more leaves while being flexible as per the rules.
Best regards
From India, Mumbai
Acknowledge(0)Amend(0)
Earned/paid/privilege leave can be availed at a ratio of 1 leave for every 20 working days, with a minimum of 14 leaves in a year.
Medical leave can be taken on the grounds of certification by a medical practitioner, with a minimum of 7 leaves allowed in a year.
Company HR/Personnel policy should not violate the above figures, but they can choose to provide more leaves while being flexible as per the rules.
Best regards
From India, Mumbai
Acknowledge(0)Amend(0)
Pls. tell me what is minimum wages for personal asst. effective 1st jan 2009 in Haryana. Thanx
Acknowledge(0)Amend(0)
Acknowledge(0)Amend(0)
Hi Payal,
Every company follows a leave policy, and the leaves are calculated based on the leave segregation per month according to the policy. So, whatever the front office admin has done is correct. However, discussing salary is not allowed. Just file an issue with management.
From India, Madras
Acknowledge(0)Amend(0)
Every company follows a leave policy, and the leaves are calculated based on the leave segregation per month according to the policy. So, whatever the front office admin has done is correct. However, discussing salary is not allowed. Just file an issue with management.
From India, Madras
Acknowledge(0)Amend(0)
Dear Naveen Bhardwaj,
The minimum wage rate for P.A. is Rs. 4880.10 per month effective from 01.01.2009. Submitted as requested.
Regards,
R.N. Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Acknowledge(0)Amend(0)
The minimum wage rate for P.A. is Rs. 4880.10 per month effective from 01.01.2009. Submitted as requested.
Regards,
R.N. Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Acknowledge(0)Amend(0)
Hi Payal, It is SL not CL, when availed if any holiday or off comes in between shall not be part of leave. Regards, Amit Seth.
From India, Ahmadabad
Acknowledge(0)Amend(0)
From India, Ahmadabad
Acknowledge(0)Amend(0)
Dear Payal,
Leave rules are given in the Employee handbook too. If your company does not have one, then you can prepare it with some basic but important rules and keep adding to it. It should not take more than a month in any case to prepare a handbook that is fairly acceptable to the organization. This will establish you as the HR person in the company. I hope you are an HR professional?
The concept of CL is for any unplanned reasons where you may need to take leave sometimes (such as a flat tire, strike, flu, headache, etc.). Therefore, CL should not be allowed more than twice in a month and is assumed to be availed only in cases of sudden unplanned needs.
The term "Front office" signifies an employee who performs a lower-level job, which is never comparable to the HR profession. Therefore, you cannot expect a front office executive to exhibit high-level ethics and professional behavior. At most, you can implement some professionalism as a rule, but people tend to break rules. Hence, as long as salaries are handled by the front office, they will remain public affairs.
Thanks,
Geeta
From Korea, Seoul
Acknowledge(0)Amend(0)
Leave rules are given in the Employee handbook too. If your company does not have one, then you can prepare it with some basic but important rules and keep adding to it. It should not take more than a month in any case to prepare a handbook that is fairly acceptable to the organization. This will establish you as the HR person in the company. I hope you are an HR professional?
The concept of CL is for any unplanned reasons where you may need to take leave sometimes (such as a flat tire, strike, flu, headache, etc.). Therefore, CL should not be allowed more than twice in a month and is assumed to be availed only in cases of sudden unplanned needs.
The term "Front office" signifies an employee who performs a lower-level job, which is never comparable to the HR profession. Therefore, you cannot expect a front office executive to exhibit high-level ethics and professional behavior. At most, you can implement some professionalism as a rule, but people tend to break rules. Hence, as long as salaries are handled by the front office, they will remain public affairs.
Thanks,
Geeta
From Korea, Seoul
Acknowledge(0)Amend(0)
Every employee has the right to ask questions on topics concerning their own interests, and it is every company's duty to answer your queries. Without hesitation, you should go and ask the concerned authority or the front office executive who is managing the leaves. Although she may not be HR, she might have the right knowledge of how to calculate the CL leaves based on the instructions given. So, without blaming her, clear your doubts with her upfront.
Secondly, if you have observed her discussing salaries with her friends, the first thing you should do is warn her for doing so by referring to the policy. If she still continues the same behavior, then complain about this to the HOD. I am sure this will help.
All the best.
Regards, Shraddha H
From India, Pune
Acknowledge(0)Amend(0)
Secondly, if you have observed her discussing salaries with her friends, the first thing you should do is warn her for doing so by referring to the policy. If she still continues the same behavior, then complain about this to the HOD. I am sure this will help.
All the best.
Regards, Shraddha H
From India, Pune
Acknowledge(0)Amend(0)
Hi Payal,
Did you ask your front office executive or any other concerned person regarding your leave balance before taking your leaves? What did she/he tell you, and did you submit your leave application to the same person?
Leave policy differs from company to company; there are no hard rules. Let us take an example of what we follow in our company: we have 21 ELs (earned leaves) per year. This can be utilized as the employee wishes; even they can avail of 5 leaves in the month of January only, i.e., year beginning, with no deductions in his/her salary. Because these leaves are for the whole year, the remaining leave balance can be utilized for the whole year. In case all the leaves are exhausted or the employee leaves the company in the middle of the year, deductions will be made in his salary on a pro-rata basis at the time of his relieving.
Some companies have a leave policy based on a monthly basis where employees can avail of 2 leaves/month. In this case, if a person does not use his leave every month, it accumulates. For example, if a person has not used his leave for 3 months, his leave balance shows 2*3=6 days of accumulated leaves. So, he can avail of these continuously whenever he requires without any loss of pay. However, these leaves can be availed with prior intimation to his Manager and HR.
Hope this information helps you. And ask the concerned person in your company about the leave policy, and it's better to ask him/her to forward the same to your email. Actually, this should be done at the time of an employee's joining.
Reply to me :)
Regards,
Roopa
HR
From India, Bangalore
Acknowledge(0)Amend(0)
Did you ask your front office executive or any other concerned person regarding your leave balance before taking your leaves? What did she/he tell you, and did you submit your leave application to the same person?
Leave policy differs from company to company; there are no hard rules. Let us take an example of what we follow in our company: we have 21 ELs (earned leaves) per year. This can be utilized as the employee wishes; even they can avail of 5 leaves in the month of January only, i.e., year beginning, with no deductions in his/her salary. Because these leaves are for the whole year, the remaining leave balance can be utilized for the whole year. In case all the leaves are exhausted or the employee leaves the company in the middle of the year, deductions will be made in his salary on a pro-rata basis at the time of his relieving.
Some companies have a leave policy based on a monthly basis where employees can avail of 2 leaves/month. In this case, if a person does not use his leave every month, it accumulates. For example, if a person has not used his leave for 3 months, his leave balance shows 2*3=6 days of accumulated leaves. So, he can avail of these continuously whenever he requires without any loss of pay. However, these leaves can be availed with prior intimation to his Manager and HR.
Hope this information helps you. And ask the concerned person in your company about the leave policy, and it's better to ask him/her to forward the same to your email. Actually, this should be done at the time of an employee's joining.
Reply to me :)
Regards,
Roopa
HR
From India, Bangalore
Acknowledge(0)Amend(0)
Hi Payal,
The limit of up to 2 CL during the probation period is very common in Indian companies. Many companies implement this policy. Therefore, the 4-day pay cut is justified. However, please check your appointment letter - it should mention that you are not allowed more than 2 CLs during your probation period.
Secondly, salary is a highly confidential matter. If you have strong evidence against the "front desk executive" for sharing salary data among employees, please address this issue seriously. Start by discussing it with the executive directly; perhaps they are unaware of the sensitivity of this matter. If that approach does not yield results, escalate the matter to senior management.
Best regards,
Ankush
9971131459
From India, Gurgaon
Acknowledge(0)Amend(0)
The limit of up to 2 CL during the probation period is very common in Indian companies. Many companies implement this policy. Therefore, the 4-day pay cut is justified. However, please check your appointment letter - it should mention that you are not allowed more than 2 CLs during your probation period.
Secondly, salary is a highly confidential matter. If you have strong evidence against the "front desk executive" for sharing salary data among employees, please address this issue seriously. Start by discussing it with the executive directly; perhaps they are unaware of the sensitivity of this matter. If that approach does not yield results, escalate the matter to senior management.
Best regards,
Ankush
9971131459
From India, Gurgaon
Acknowledge(0)Amend(0)
Dear Payal,
As per your query, every company has its own HR rules for leaves. So, if your previous company does not have this rule, it means your current company should also follow this rule. It's wrong.
Be professional, and secondly, it's important that whatever your front office employee is doing is totally wrong. Since she is not from HR, she might not know about HR rules.
Try to kindly bring this matter to the attention of your MD/GM but in a smart manner.
Regards,
Pradyumna
9820108821/9769660230
From India, Mumbai
Acknowledge(0)Amend(0)
As per your query, every company has its own HR rules for leaves. So, if your previous company does not have this rule, it means your current company should also follow this rule. It's wrong.
Be professional, and secondly, it's important that whatever your front office employee is doing is totally wrong. Since she is not from HR, she might not know about HR rules.
Try to kindly bring this matter to the attention of your MD/GM but in a smart manner.
Regards,
Pradyumna
9820108821/9769660230
From India, Mumbai
Acknowledge(0)Amend(0)
Hi Payal,
Taking CL for more than 2 days depends upon the company's rules and regulations. In some companies, employees can avail a maximum of 3 days of CL.
Regarding salary confidentiality, you should consult with the GM or MD since it is a confidential matter. Do not allow her to proceed with that unprofessional behavior. If she is unaware, instruct her to keep it confidential.
From India, Bangalore
Acknowledge(0)Amend(0)
Taking CL for more than 2 days depends upon the company's rules and regulations. In some companies, employees can avail a maximum of 3 days of CL.
Regarding salary confidentiality, you should consult with the GM or MD since it is a confidential matter. Do not allow her to proceed with that unprofessional behavior. If she is unaware, instruct her to keep it confidential.
From India, Bangalore
Acknowledge(0)Amend(0)
Yes payal plz follow the Roopa’s advise ......... since she explained you very nicely ......... Ha Roopa it is nice explanation .......Thanks. By Chandru Executi - HR
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
Hi Gulshan,
You are not very clear about your question. I understand from your question that whether we (the employees) are supposed to pay the company for the leave we take. Is it so? Is this your question?
EL Earned Leave means where an employee can avail leave which is paid for him, with no deductions from his/her salary. The company will pay his/her salary even though he/she has taken leave. We earn our money (salary) even though we do not work for that particular day or days, that's why it is called earned leave. But this cannot be taken for granted; it is based on rules/policy.
Hope your doubt is clear. Kindly reply.
Regards, Roopa
From India, Bangalore
Acknowledge(0)Amend(0)
You are not very clear about your question. I understand from your question that whether we (the employees) are supposed to pay the company for the leave we take. Is it so? Is this your question?
EL Earned Leave means where an employee can avail leave which is paid for him, with no deductions from his/her salary. The company will pay his/her salary even though he/she has taken leave. We earn our money (salary) even though we do not work for that particular day or days, that's why it is called earned leave. But this cannot be taken for granted; it is based on rules/policy.
Hope your doubt is clear. Kindly reply.
Regards, Roopa
From India, Bangalore
Acknowledge(0)Amend(0)
Hi Payal,
In the posted leave policy, you have not mentioned how many CL an employee can avail during the calendar year. As per the Factory Act, HLD/W.off between leaves will not be treated as part of that. Since your front office executive is handling HR functions, you have full rights to clear your queries with her. Regarding the accumulation of CL, please go through the certified standing orders of your company.
Thank you,
Vishal
From India, Delhi
Acknowledge(0)Amend(0)
In the posted leave policy, you have not mentioned how many CL an employee can avail during the calendar year. As per the Factory Act, HLD/W.off between leaves will not be treated as part of that. Since your front office executive is handling HR functions, you have full rights to clear your queries with her. Regarding the accumulation of CL, please go through the certified standing orders of your company.
Thank you,
Vishal
From India, Delhi
Acknowledge(0)Amend(0)
1. Definition of Earned Leave given by Ms. Roopa is not correct.
2. Earned Leave (EL) is a leave you earn as you work. A very commonly followed norm is that you earn 2.5 days of EL after working for a month. EL earned is either credited to your leave account at the end of the month or at the end of the year.
3. In the case of Ms. Payal, her company should have a proper Leave Policy & Rules in place, and it should be clearly communicated to all employees. Maybe Ms. Payal can take an initiative and do it herself.
4. One should always think of what is in the larger interest of the company and one should be the eyes and ears of the company. If you notice anything wrong happening, then you should report it to the appropriate authority. But you should not be biased towards anybody.
Thanks & Regards
From India, Pune
Acknowledge(0)Amend(0)
2. Earned Leave (EL) is a leave you earn as you work. A very commonly followed norm is that you earn 2.5 days of EL after working for a month. EL earned is either credited to your leave account at the end of the month or at the end of the year.
3. In the case of Ms. Payal, her company should have a proper Leave Policy & Rules in place, and it should be clearly communicated to all employees. Maybe Ms. Payal can take an initiative and do it herself.
4. One should always think of what is in the larger interest of the company and one should be the eyes and ears of the company. If you notice anything wrong happening, then you should report it to the appropriate authority. But you should not be biased towards anybody.
Thanks & Regards
From India, Pune
Acknowledge(0)Amend(0)
Hi,
As ours is a manufacturing company, we follow rules as per the Factory Act of 1948. Could anyone tell me about the leave entitlement for employees on probation as well as permanent employees as per the Factory Act, 1948?
Thanks!
From India, Calcutta
Acknowledge(0)Amend(0)
As ours is a manufacturing company, we follow rules as per the Factory Act of 1948. Could anyone tell me about the leave entitlement for employees on probation as well as permanent employees as per the Factory Act, 1948?
Thanks!
From India, Calcutta
Acknowledge(0)Amend(0)
Dear,
In my opinion, probationers and confirmed employees/workers are entitled to avail Earned Leave (EL) at the same rate under the Factories Act, 1948. Some members are of the opinion that probationers are not entitled to EL during the probation period. Which proviso debars the probationer from becoming entitled to EL.
Regards,
R.N. Khola
Labour Law & Legal Consultants
09810405361
From India, Delhi
Acknowledge(0)Amend(0)
In my opinion, probationers and confirmed employees/workers are entitled to avail Earned Leave (EL) at the same rate under the Factories Act, 1948. Some members are of the opinion that probationers are not entitled to EL during the probation period. Which proviso debars the probationer from becoming entitled to EL.
Regards,
R.N. Khola
Labour Law & Legal Consultants
09810405361
From India, Delhi
Acknowledge(0)Amend(0)
Dear friends,
I am confused as it is mentioned that all leaves are bulked. It is clarified that Sundays and holidays falling within the period of leave shall not be counted as leave.
Is this right or wrong? I have come to know that the rules regarding leaves have been changed.
From India, Vadodara
Acknowledge(0)Amend(0)
I am confused as it is mentioned that all leaves are bulked. It is clarified that Sundays and holidays falling within the period of leave shall not be counted as leave.
Is this right or wrong? I have come to know that the rules regarding leaves have been changed.
From India, Vadodara
Acknowledge(0)Amend(0)
Dear Payal,
Referring to the query regarding leave, as per the Factory Act, every employee is entitled to EL after completing 240 days of continuous service in the last 12 months.
For the calculation of EL, when an employee has worked for 20 actual working days, he/she will earn 1 day of leave (for adults), and for children, it is 15 actual working days.
I hope the leave policy as per the Factory Act 1948 is now clear to you.
Regards,
Vishal
Asst. Manager (P&A)
From India, Delhi
Acknowledge(0)Amend(0)
Referring to the query regarding leave, as per the Factory Act, every employee is entitled to EL after completing 240 days of continuous service in the last 12 months.
For the calculation of EL, when an employee has worked for 20 actual working days, he/she will earn 1 day of leave (for adults), and for children, it is 15 actual working days.
I hope the leave policy as per the Factory Act 1948 is now clear to you.
Regards,
Vishal
Asst. Manager (P&A)
From India, Delhi
Acknowledge(0)Amend(0)
Dear Vishal,
Where is it defined? Please quote the section which states that a probationer is not entitled to leave with wages. You have also mentioned for another member that a worker is entitled to Earned Leave (EL) if he works for 240 days during the last 12 months. In my opinion, this is for the calendar year and not the last 12 months as per section 79(1) of The Factories Act, 1948.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Acknowledge(0)Amend(0)
Where is it defined? Please quote the section which states that a probationer is not entitled to leave with wages. You have also mentioned for another member that a worker is entitled to Earned Leave (EL) if he works for 240 days during the last 12 months. In my opinion, this is for the calendar year and not the last 12 months as per section 79(1) of The Factories Act, 1948.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Acknowledge(0)Amend(0)
Dear Mr. Khola, it is understood that while calculating working days for the purpose of leave we consider calcnder year, but thanx a lot for correction
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Dear Mr. Khola, we are discussing about EL, not for all kinds of leave, probationer can avail CL / SL.
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
Dear Payal,
Giving CL/SL/PL to an employee depends upon the company's policy. You can request your colleagues to give you CL in advance, which she can get approved as a special case. Since you are not a confirmed employee, availing PL is not possible before 12 months, as PL accrued in the current year can be availed in the next year.
Alternatively, you can avail SL upon production of a medical certificate. If you are an ESIC employee, you can benefit from and claim your salary through ESIC. The best approach would be to request providing Adv. CL, approved by the competent authority.
Regards,
Deepak Gehlot
From India, Delhi
Acknowledge(0)Amend(0)
Giving CL/SL/PL to an employee depends upon the company's policy. You can request your colleagues to give you CL in advance, which she can get approved as a special case. Since you are not a confirmed employee, availing PL is not possible before 12 months, as PL accrued in the current year can be availed in the next year.
Alternatively, you can avail SL upon production of a medical certificate. If you are an ESIC employee, you can benefit from and claim your salary through ESIC. The best approach would be to request providing Adv. CL, approved by the competent authority.
Regards,
Deepak Gehlot
From India, Delhi
Acknowledge(0)Amend(0)
Dear Payal,
I think you should read your General Service Rule book first, as you are in your probation period. How could you avail EL because EL is only given after confirmation? Regarding leave management, how can your Front Office Executive handle that when they are not entitled to do so? Your company's HR policies need to be revised.
From India, Delhi
Acknowledge(0)Amend(0)
I think you should read your General Service Rule book first, as you are in your probation period. How could you avail EL because EL is only given after confirmation? Regarding leave management, how can your Front Office Executive handle that when they are not entitled to do so? Your company's HR policies need to be revised.
From India, Delhi
Acknowledge(0)Amend(0)
Dear Gulshan Sharma,
During the year, a worker under the Factories Act can avail Earned Leaves a maximum of three times. If your unit/establishment is not covered under this Act, then refer to the applicable Act for the grant of earned leaves.
Regards,
R.N. Khola
From India, Delhi
Acknowledge(0)Amend(0)
During the year, a worker under the Factories Act can avail Earned Leaves a maximum of three times. If your unit/establishment is not covered under this Act, then refer to the applicable Act for the grant of earned leaves.
Regards,
R.N. Khola
From India, Delhi
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Time-management -7439-4556_187. ppt