My company currently gives 15 days paid leave and there is no bifurcation of the same.
They are not willing to increase the no. of leaves , so while framing a leave policy, can I have 8 days earned leave and 12 days ( sick + casual leave clubbed )
Please advise ...I'm in Mumbai , is it fine according to the Shops & Establishments Act under which my company is registered ?
From India, Mumbai
2They are not willing to increase the no. of leaves , so while framing a leave policy, can I have 8 days earned leave and 12 days ( sick + casual leave clubbed )
Please advise ...I'm in Mumbai , is it fine according to the Shops & Establishments Act under which my company is registered ?
From India, Mumbai
NO.
Since you are in Mumbai; as per the Bombay Shops & Establishments Act, 1948 :
An employee is entitled to annual leave with pay for 21 days for 240 days of work.
An employee who has not worked for one year is entitled to leave with pay for 5 days for every 60 days of work.
Leave with pay can be accumulated upto 42 days.
Warm regards.
From India, Delhi
Since you are in Mumbai; as per the Bombay Shops & Establishments Act, 1948 :
An employee is entitled to annual leave with pay for 21 days for 240 days of work.
An employee who has not worked for one year is entitled to leave with pay for 5 days for every 60 days of work.
Leave with pay can be accumulated upto 42 days.
Warm regards.
From India, Delhi
Thanks for your inputs ..however , due to the nature of business , my company may not give that many paid leaves..so what is the solution ? Please help me in framing a leave policy.
From India, Mumbai
From India, Mumbai
1.0 GENERAL
1.1 Objective:
The policy sets up the guidelines for facilitating employees and the organization to know about the leave benefits and the procedure towards leave application.
1.2 Purpose:
Company grants leave of absence to all its employees on certain terms and conditions to meet personal, domestic, social necessities, in case of sickness, disability and for vacationing.
1.3 Terminology:
CL: Casual Leave
EL: Earned Leave
SL: Sick Leave
ML: Maternity Leave
LOP: Loss of Pay
(LPC: Leave/ Permission Card)
2.0 Types of Leave:
The leave year for computing all types of leave will be from 1st January – 31st December.
Based on the need / reason and length of leave, the following categories of leave can be availed:
Casual Leave.
Sick Leave.
Earned Leave.
Maternity leaves.
2.1 CASUAL LEAVE:
2.1 A: RULES
CL cannot be accumulated and carried forward to the next calendar year.
2.2 SICK LEAVE:
2.2 A: RULES
SL cannot be accumulated or carried forward to the next calendar year.
2.3 EARNED LEAVE:
2.3 A: RULES
Unused EL year can be carried forward to the next year subject to availing leave for not more than 10 days at a time in the year including weekends. Such accumulated leave expires at the end of second year.
For e.g., for employee joining in 2007, EL becomes due in 2008. If not availed in 2008, it can be carried over to 2009. After that, it lapses automatically.
2.4 MATERNITY LEAVE:
2.4 A: RULES
Leave cannot be claimed as a matter of right, and the discretion of grant or refusal of leave, lies solely with the sanctioning authority.
Leave should be planned in such a way that it does not affect - productivity or while on a project does not affect the project work/delivery deadlines
Employees should apply leave through the leave card in the prescribed format (Annexure 1)) in advance to the HR with a signature from the Project Lead/ Head. On approval from the HR, based on the leave availability, the leave will be granted. In case of absence because of sickness, employee has to apply leave immediately on the day of resumption of duty.
5.0 LEAVE WITHOUT PAY (LWP)
LWP is granted at the discretion of the Management, in exceptional circumstances, when all admissible leave has been exhausted. During such leave the employees are not entitled to any pay or benefits but retain a lien on their jobs. This leave is with prior written approval.
If leave is not sanctioned and an Employee remains absent on those days, then the absence will be treated as unauthorized “Leave without Pay”, irrespective of working days or holidays i.e., any holiday sandwiched between 2 days of Leave Without Pay will be included in the Leave availed.
6.0 ABSENCE FROM DUTY
If employee is not covered by any of the types of leave or if the employee proceeds on leave without approval, or fails to report for duty either on expiry of leave or otherwise, the employee will be deemed to be absent without leave.
If such absence exceeds eight consecutive days, the Management may, at its sole discretion, strike the name off the rolls on grounds of abandonment of employment and advice him accordingly.
If within 2 weeks of such advise, the employee presents himself and offers an explanation for his absence, the management may review the matter and confirm or otherwise its earlier decision.
If it is decided to accept the explanation, the employee may be allowed to resume his work on such terms as the Management may decide.
7.0 PAID HOLIDAYS
All employees are eligible for paid holidays in a calendar year.
PaidHoliday listare selectedon the basis of national / international holidays / local festivals celebrated.
The Company will decide the total number of holidays every year. The list of holidays and list of RH will be published on or before 31st December.
From India, Madras
1.1 Objective:
The policy sets up the guidelines for facilitating employees and the organization to know about the leave benefits and the procedure towards leave application.
1.2 Purpose:
Company grants leave of absence to all its employees on certain terms and conditions to meet personal, domestic, social necessities, in case of sickness, disability and for vacationing.
1.3 Terminology:
CL: Casual Leave
EL: Earned Leave
SL: Sick Leave
ML: Maternity Leave
LOP: Loss of Pay
(LPC: Leave/ Permission Card)
2.0 Types of Leave:
The leave year for computing all types of leave will be from 1st January – 31st December.
Based on the need / reason and length of leave, the following categories of leave can be availed:
Casual Leave.
Sick Leave.
Earned Leave.
Maternity leaves.
2.1 CASUAL LEAVE:
2.1 A: RULES
- Number of days allowed: 5 days CL is allowed for each year.
- Casual Leave cannot be availed for more than 3 days continuously.
- If an employee avails more than 5 days Casual Leave during the calendar year, excess leave will be considered as EL. If EL is not available, it will be considered as leave without pay.
- CL should be applied in advance, unless circumstances are such that it is not possible to do so. In such cases, the leave has to be intimated to the HR through a telephone call or an email. In HR’s absence, the same can be informed to the Project lead/ Head.
- Half Day CL can be taken as needed.
CL cannot be accumulated and carried forward to the next calendar year.
2.2 SICK LEAVE:
2.2 A: RULES
- Number of days allowed: 5 days SL is allowed for each year.
- SL exceeding 3 days should be supported by medical certificate issued by a recognized medical practitioner. SL without a medical certificate (If SL availed for more than 4 days) will be treated as leave without pay.
- SL has to be intimated to the HR through telephone call/ e-mail. It should be intimated in advance if SL is obtained for a planned hospitalization.
- Half Day SL can be taken as needed
SL cannot be accumulated or carried forward to the next calendar year.
2.3 EARNED LEAVE:
2.3 A: RULES
- Number of days allowed: 5 days EL is allowed for each year.
- EL cannot be an unplanned leave. Notice of EL applications must reach the HR department at least 10 working days before the employee intends his leave to commence, and it must be approved before the employee takes leave.
- Half Day EL can be taken as needed
Unused EL year can be carried forward to the next year subject to availing leave for not more than 10 days at a time in the year including weekends. Such accumulated leave expires at the end of second year.
For e.g., for employee joining in 2007, EL becomes due in 2008. If not availed in 2008, it can be carried over to 2009. After that, it lapses automatically.
2.4 MATERNITY LEAVE:
2.4 A: RULES
- Every female employee of the Company shall be entitled to Maternity Leave.
- ML with basic pay will be allowed up to a maximum of 12 weeks.
- To avail ML the employee will apply at least eight weeks before the expected date of delivery along with a certificate from the Registered Gynecologist + Obstetrician stating the expected date of delivery. The female employee shall not take up any employment during the period of ML.
- All other terms and conditions of this leave will be applicable as per the provisions of the Maternity Benefit Act, 1961.
- An employee on probation is entitled for ML. However, the probation period of the concerned employee will stand extended by the same period.
- Trainees also can claim ML, in which case their training period would be extended by the same period.
- Male employees can claim 3days of ML
- Maternity Leave can be claimed up to two confinements only.
- ML can be combined with SL and EL due.
- Any leave other than SL during the probationary period/ Training period will be counted as LOP.
- An employee on probation will be eligible for this policy after completion of his probation period and leave is calculated based on the date of joining of the employee. Leaves will be taken in pro-rata basis for all employees joining during the course of a year.
- In the beginning of the year, confirmed employee will be eligible for full (CL and SL. EL can be availed only in the subsequent year) CL, SL and EL. Earned EL can be availed in the subsequent month of that particular year.
- All the holidays and weekly off between start date and end date of leave will be treated as leave for employees who do not have leave balance and if it is an unplanned leave (without notice before 10 working days). All the holidays and weekly off between start date and end date of CL will be treated as leave for employees if it is an unplanned leave (Without notice before 10 working days).
- All the holidays and weekly off between start date and end date of SL and EL will not be treated as leave for employees ( For EL, prior notice of 10working days is necessary)
- Clubbing of leave with EL and CL or CL and SL or SL and EL is not permitted.
Leave cannot be claimed as a matter of right, and the discretion of grant or refusal of leave, lies solely with the sanctioning authority.
Leave should be planned in such a way that it does not affect - productivity or while on a project does not affect the project work/delivery deadlines
Employees should apply leave through the leave card in the prescribed format (Annexure 1)) in advance to the HR with a signature from the Project Lead/ Head. On approval from the HR, based on the leave availability, the leave will be granted. In case of absence because of sickness, employee has to apply leave immediately on the day of resumption of duty.
5.0 LEAVE WITHOUT PAY (LWP)
LWP is granted at the discretion of the Management, in exceptional circumstances, when all admissible leave has been exhausted. During such leave the employees are not entitled to any pay or benefits but retain a lien on their jobs. This leave is with prior written approval.
If leave is not sanctioned and an Employee remains absent on those days, then the absence will be treated as unauthorized “Leave without Pay”, irrespective of working days or holidays i.e., any holiday sandwiched between 2 days of Leave Without Pay will be included in the Leave availed.
6.0 ABSENCE FROM DUTY
If employee is not covered by any of the types of leave or if the employee proceeds on leave without approval, or fails to report for duty either on expiry of leave or otherwise, the employee will be deemed to be absent without leave.
If such absence exceeds eight consecutive days, the Management may, at its sole discretion, strike the name off the rolls on grounds of abandonment of employment and advice him accordingly.
If within 2 weeks of such advise, the employee presents himself and offers an explanation for his absence, the management may review the matter and confirm or otherwise its earlier decision.
If it is decided to accept the explanation, the employee may be allowed to resume his work on such terms as the Management may decide.
7.0 PAID HOLIDAYS
All employees are eligible for paid holidays in a calendar year.
PaidHoliday listare selectedon the basis of national / international holidays / local festivals celebrated.
The Company will decide the total number of holidays every year. The list of holidays and list of RH will be published on or before 31st December.
From India, Madras
Can someone tell me the mimimum no. of paid leaves i.e. EL + CL + SL that we can hAVE ACCORDING TO THE REGISTRATION MENTIONED ABOVE ? My company cannot give too many leaves. Please help.
From India, Mumbai
From India, Mumbai
Dear friend,
Whether you like it or not, whether your company approves of it or not; YOU HAVE TO ABIDE BY THE LAWS.
"Nature of business" is no excuse for denying employees their statutory rights.
However, as a practical solution, what you can do is - have some incentives for not availing or taking less leave in a year.
Also, you can encourage employees to ENCASH their accumulated leaves.
This should help in solving your problem, without infringing the law; as well as ensuring more employee satisfaction.
Warm regards.
From India, Delhi
Whether you like it or not, whether your company approves of it or not; YOU HAVE TO ABIDE BY THE LAWS.
"Nature of business" is no excuse for denying employees their statutory rights.
However, as a practical solution, what you can do is - have some incentives for not availing or taking less leave in a year.
Also, you can encourage employees to ENCASH their accumulated leaves.
This should help in solving your problem, without infringing the law; as well as ensuring more employee satisfaction.
Warm regards.
From India, Delhi
The answer is CLEAR.
However, if you do not wish to follow the rule of the law; then what can one suggest ??
Tell the management to do whatever they wish to do - "in the interest of the nature of business"; make them work 24x7 if yours is such a business that runs 24x7 !! (Just in lighter vein - do not take it seriously. 24x7 work does not mean the same sets of employees work 24x7. I think your management needs to be sensitized about labour law and compliances).
Warm regards.
From India, Delhi
However, if you do not wish to follow the rule of the law; then what can one suggest ??
Tell the management to do whatever they wish to do - "in the interest of the nature of business"; make them work 24x7 if yours is such a business that runs 24x7 !! (Just in lighter vein - do not take it seriously. 24x7 work does not mean the same sets of employees work 24x7. I think your management needs to be sensitized about labour law and compliances).
Warm regards.
From India, Delhi
Even in the "Self Certification-cum-Consolidation Annual Returns Scheme for factories andestablishments in the State of Maharashtra";
ANNEXE IV
FORM FOR SELF CERTIFICATION-CUM- CONSOLIDATED ANNUAL RETURN TO BE SUBMITTED BY OCCUPIER/PROPRIETOR/PARTNER/DIRECTOR/EMPLOYER/ PRINCIPAL EMPLOYER/CONTRACTOR FOR COMPLIANCE OF LABOUR LAWS
[To be submitted on the Stamp Paper of Rs.20/-];
you will find the following under sl. no. 8 :
Warm regards.
From India, Delhi
ANNEXE IV
FORM FOR SELF CERTIFICATION-CUM- CONSOLIDATED ANNUAL RETURN TO BE SUBMITTED BY OCCUPIER/PROPRIETOR/PARTNER/DIRECTOR/EMPLOYER/ PRINCIPAL EMPLOYER/CONTRACTOR FOR COMPLIANCE OF LABOUR LAWS
[To be submitted on the Stamp Paper of Rs.20/-];
you will find the following under sl. no. 8 :
"8. Bombay Shops and Establishments Act, 1948I wonder how your company has managed to give less holidays to the employees so far, if what you say is true.
a) No. of workers employed
b) Whether all workers were given leave with wages during the year?
c) Whether all workers were given holidays as per Section 35?
d) If holidays were not given as per Section 35, whether overtime wages and
substitute holidays were given?"
Warm regards.
From India, Delhi
yes.....they have 15 paid leaves in a year and no bifurcation of the same.
When I suggested , we should give 21 earned leaves after oine year and 5 casual n 7 sick leaves , they felt it was too much..they wish to give max 21 paid leaves in a year and I do not wish to go against law.
They do not even deduct pf and esic for all those wages fall below 6500 and 15000 respectively.
How should I educate them ?
As a solution, should I give incentives for not taking leaves or allow employees to even encash their casual or sick leaves ?
From India, Mumbai
When I suggested , we should give 21 earned leaves after oine year and 5 casual n 7 sick leaves , they felt it was too much..they wish to give max 21 paid leaves in a year and I do not wish to go against law.
They do not even deduct pf and esic for all those wages fall below 6500 and 15000 respectively.
How should I educate them ?
As a solution, should I give incentives for not taking leaves or allow employees to even encash their casual or sick leaves ?
From India, Mumbai
My dear buzz.lightyear.nova
I understand your problem and empathise with you.
At times, competent and knowledgeable HR's are helpless before such management.
I am happy to know that inspite of such odds, you are determined to find a legally compliant solution.
Here's a suggestion which is legal (but I would not like to give to anyone). Please see that this is NOT MISUSED and employees are NOT DEPRIVED of the benefit of ACCUMULATION OF LEAVE.
I shall send the suggestion in a Private Message to you.
Warm regards.
From India, Delhi
I understand your problem and empathise with you.
At times, competent and knowledgeable HR's are helpless before such management.
I am happy to know that inspite of such odds, you are determined to find a legally compliant solution.
Here's a suggestion which is legal (but I would not like to give to anyone). Please see that this is NOT MISUSED and employees are NOT DEPRIVED of the benefit of ACCUMULATION OF LEAVE.
I shall send the suggestion in a Private Message to you.
Warm regards.
From India, Delhi
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