Dear Sir/Madam,
I am a new member of this website and wish to seek your valuable opinion on the above query, which is as follows:
If an employee joins on probation and proceeds on leave without pay in the first month, and in the second month, ends up leaving the job, are they entitled to leave accumulation with respect to SL or CL?
Hope to receive your kind response.
Thank you and regards,
Anju
From India, Calcutta
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I am a new member of this website and wish to seek your valuable opinion on the above query, which is as follows:
If an employee joins on probation and proceeds on leave without pay in the first month, and in the second month, ends up leaving the job, are they entitled to leave accumulation with respect to SL or CL?
Hope to receive your kind response.
Thank you and regards,
Anju
From India, Calcutta
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Hello,
What do the "Leave Rules" of the company say? That will stand! Evidently, in the case stated, there are NO codified Leave Rules, and that is why the problem!
First, I suppose the "employee proceeded on leave in the first month..." was with the due approval of his superiors. If the answer is YES, we look at the matter in a particular way, and if the answer is NO, we look at the matter differently.
Then if during the second month he leaves employment, ordinarily he would NOT be entitled to ANY leave by LAW. Only if the "terms and conditions" of his employment grant him any entitlement, we need to go by that or by the "Leave Rules" as may be applicable.
In the ordinary case, he will NOT be entitled to any leave benefit while on probation.
If this does not answer your query, kindly provide more facts of the case!!!
Regards,
Samvedan
August 13, 2007
From India, Pune
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321What do the "Leave Rules" of the company say? That will stand! Evidently, in the case stated, there are NO codified Leave Rules, and that is why the problem!
First, I suppose the "employee proceeded on leave in the first month..." was with the due approval of his superiors. If the answer is YES, we look at the matter in a particular way, and if the answer is NO, we look at the matter differently.
Then if during the second month he leaves employment, ordinarily he would NOT be entitled to ANY leave by LAW. Only if the "terms and conditions" of his employment grant him any entitlement, we need to go by that or by the "Leave Rules" as may be applicable.
In the ordinary case, he will NOT be entitled to any leave benefit while on probation.
If this does not answer your query, kindly provide more facts of the case!!!
Regards,
Samvedan
August 13, 2007
From India, Pune
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Hello,
Samvedan is correct in his views. Unless you go through the company policy on leave rules, we would not be in a position to give a proper explanation. In any case, even at the time of separation, only EL (Earned Leave) is subject to encashment. In the second month, even when it cannot be adjusted against the available leave balances, the number of days he is absent will be recovered from his salary during the final settlement. CL (Casual Leave) and SL (Sick Leave) cannot be paid in any way. Please refer to your company policy on EL/PL leave procedures.
Considering the short duration he has worked, I hope he may not be eligible for PL (Privilege Leave)/EL (Earned Leave) eligibility.
Regards,
R. Sudhakar
From India
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Samvedan is correct in his views. Unless you go through the company policy on leave rules, we would not be in a position to give a proper explanation. In any case, even at the time of separation, only EL (Earned Leave) is subject to encashment. In the second month, even when it cannot be adjusted against the available leave balances, the number of days he is absent will be recovered from his salary during the final settlement. CL (Casual Leave) and SL (Sick Leave) cannot be paid in any way. Please refer to your company policy on EL/PL leave procedures.
Considering the short duration he has worked, I hope he may not be eligible for PL (Privilege Leave)/EL (Earned Leave) eligibility.
Regards,
R. Sudhakar
From India
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf
LEAVE RULES.doc