Hi, I will like to know, is casual leave a priviledge or a right as an employee? Thanks bisbal
From Nigeria
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From Nigeria
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Casual Leave as a Matter of Right
In terms of model standing orders framed under the Industrial Employment (Standing Orders) Act 1946, leave cannot be claimed as a matter of right. Though the purpose of casual leave is to enable an employee to abstain from duty to meet an unforeseen or urgent need and thus obviate the need to either give prior intimation to or obtain prior sanction from the competent authority, it cannot be construed as a matter of right nor allowed as an excuse for absence without notice frequently. It is the conduct of the employee which gives evidence of the fact whether he is utilizing casual leave for genuine purposes or abusing it. Thus, the management can refuse to grant casual leave to an erring employee if he habitually resorts to it to abstain from duties without notice.
If the leave policy is governed by the contract of service in a company, the stipulation that leave of any kind cannot be claimed as a matter of right is normally part of such contract or leave policy.
Regards,
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd.
Mumbai.
From India, Mumbai
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57In terms of model standing orders framed under the Industrial Employment (Standing Orders) Act 1946, leave cannot be claimed as a matter of right. Though the purpose of casual leave is to enable an employee to abstain from duty to meet an unforeseen or urgent need and thus obviate the need to either give prior intimation to or obtain prior sanction from the competent authority, it cannot be construed as a matter of right nor allowed as an excuse for absence without notice frequently. It is the conduct of the employee which gives evidence of the fact whether he is utilizing casual leave for genuine purposes or abusing it. Thus, the management can refuse to grant casual leave to an erring employee if he habitually resorts to it to abstain from duties without notice.
If the leave policy is governed by the contract of service in a company, the stipulation that leave of any kind cannot be claimed as a matter of right is normally part of such contract or leave policy.
Regards,
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd.
Mumbai.
From India, Mumbai
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Leave Entitlement Details
EL/PL (Earned Leave/Privileged Leave) = 1.5 * 12 = 18 days, CL (Casual Leave) = 7 days, and SL (Sick Leave) for an individual who is not eligible for ESI: SL = 9. Casual leave can be utilized in the calendar year; otherwise, it will lapse. EL/PL can be encashed, and SL can be carried forward.
Regards,
Ramkishore
From India, Bangalore
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EL/PL (Earned Leave/Privileged Leave) = 1.5 * 12 = 18 days, CL (Casual Leave) = 7 days, and SL (Sick Leave) for an individual who is not eligible for ESI: SL = 9. Casual leave can be utilized in the calendar year; otherwise, it will lapse. EL/PL can be encashed, and SL can be carried forward.
Regards,
Ramkishore
From India, Bangalore
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Good question, Pon. I would figure it is a right if you can avail of it whether management likes it or not, but a privilege if you have to take management's permission as a matter of courtesy.
Sairam's interpretation is the most logical. Casual leave doesn't mean that you just leave casually. It is a name for a type of leave. However, taking management's permission with suitable justification is a matter of proper form and courtesy.
From India, New Delhi
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Sairam's interpretation is the most logical. Casual leave doesn't mean that you just leave casually. It is a name for a type of leave. However, taking management's permission with suitable justification is a matter of proper form and courtesy.
From India, New Delhi
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Dear Sai, What if some of the Ltd.Organization is not allowing any Casual Leave for any of their employee, only they are granting SL, PL & ML... Rgds, Abhishek...
From India, New Delhi
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From India, New Delhi
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