Carol D.
1

Hello Everyone,
I am aware that each employees get 21 days leave for the year which is 1 leave for every 20 working days. Can an employee consume more leaves than what he has already earned? for example: Can an employee take more than 3 leaves in 2 months? And if not than would the extra leaves be considered as leave without pay? Please advise.
Carol D.

From India, Mumbai
Nagarkar Vinayak L
619

Dear Colleague,
To clarify better, each employee is entitled for leave with wages if s/he has actually worked at rate of 1 day for every 20 days worked . To be eligible for this , the employee should have worked for 240 days in the previous year. For counting 240 days' eligibility , paid weekly off days, paid holidays and paid leaves availed are considered but not for the quantum of leave at the stipulated rate .For that actual days worked only considered.
Besides , the Act provides for accumulation of unavailed leave up to usually two years' leave entitlement.
Now to answer your query, granting of leave to any employee is based on leave balance at each occasion in his/ her account and not on the rate of entitlement.
If he has sufficient leave in his account and work exigencies permit , you may grant leave up to maximum days in his account.
If you consider granting more, it has to be treated as leave on loss of pay.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Carol D.
1

Thanks for the clarification Sir @Vinayak Nagarkar.
From India, Mumbai
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