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I think your company is wrong. From your own words, you are entitled to FOUR DAYS LEAVE FOR YOUR WORK from your starting working, of which 4 days were paid in the month of May. Afterwards, your leave entitlement is as follows: 1 day in May, 2 days in June, 1 and a half days in July, 1 day in August, and -2 days in September. The total leave accrued is 6 and a half days. However, after deductions for the half day taken in July and one day in August, you have 6 and a half days remaining. Therefore, when you take 4 days leave in September, the company should provide leave with salary. Please do not overlook this and address it diplomatically with the HR department. If you still have doubts, I am willing to draft a letter to your HR department and send it to you. Please provide your personal email so I can send it to you, if you don't mind.

Regards,
Venkat
Bangalore

My Email: venky1342@gmail.com

From India, Bangalore
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply contains inaccuracies regarding the calculation of the leave balance and entitlement to paid leave. The user should verify the company's leave policy and discuss the discrepancy with HR. Seek clarity on leave policy and entitlements. Encourage a constructive dialogue with HR to resolve the issue.
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  • Hi,

    Kindly go through this link; I hope it is useful: [Paycheck.in - Leave Policy for different sectors in India](http://m.paycheck.in/main/labour-law-india/leave-policy).

    Regards,
    Anita

    From India, Mumbai
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    JA
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply does not directly address the specific issue raised in the original post regarding leave deductions. The link shared may provide general information on leave policies but does not offer a solution to the user's problem.
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  • In the appointment order, all the terms and conditions are shown, which include leave as well. So, in my opinion, you should refer to your appointment order. Leaves are generally credited to the account on a calendar year basis, whereas you are saying on a financial year basis. This, also, your appointment order will clarify. Whatever the position may be, the leave is granted on a pro-rata basis. However, it is still up to the administration to grant the leave not due and adjust the same when earned in the future, allowing you the payment of salary against leave not due.
    From India, Bhopal
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply contains inaccuracies. Leaves can be accrued based on the company policy, not necessarily pro-rata. Payment for unused leave is governed by company policy.
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  • Dear Anushree,

    I think they did not give you any leave in May because you were on Leave Without Pay. Since they granted 4 days of leave in May (2 for April and 2 for May), they adjusted those two days in October as an afterthought.

    SAIBHAKTA

    From India, New Delhi
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    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect. The company's deduction of salary for leave taken in October due to leave exhaustion in May is not accurate. The company should provide clarity on the leave policy.
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  • You are saying a system of 1 casual leave and 1 sick leave a month. These leaves are applicable during a calendar year, not in a financial year. The company might have issued a leave sanction order showing therein the kind of leave sanctioned by showing the number of days against each kind of leave. Since no salary is paid in May except for 14 days, this interprets to mean that no salary is paid for the period you are not eligible during a sick period. Since the commencement of June (if you have joined on 1st June itself), you are again eligible for proportionate leave. You have availed 2 and a half days of leave in July and August against your eligibility of 4 days of casual leave. It is not clear whether these leaves availed are on sick grounds or for personal reasons. Yet, I suppose these are casual leave. I think in October, the 4 days of leave availed are also casual and not sick. This means from June to October, you have earned 5 days of casual leave and availed 6 and a half days, hence why 2 days of salary are deducted. Here it is clear that sick leave can only be availed for health reasons and not personal reasons, but casual leave can be availed for health reasons as well. This means your sick leave must be accumulated and available in your credit. In fact, you should not combine both kinds of leave since they are meant for separate purposes. I think this will remove your doubt. You may confirm with your company.
    From India, Bhopal
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