Hi, I work in a small IT company (based in Gujarat) with about 35 employees. We have a policy that allows employees to take 2 days off each month under the condition that: 1. the total working hours are compensated, and 2. the leave is approved by the immediate supervisor at least a day in advance. Recently, some employees have been taking leave without prior approval, relying on compensating the working hours as justification.
My boss has instructed me to issue warning letters to employees who take leave without approval. I have reservations about this approach but am unsure of alternative solutions. Is there a different course of action we could take? If not, what should be included in the content of the warning letter? Can I simply state, "This is a warning letter as you took leave without approval"? Thank you, Megha.
From India, Mumbai
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My boss has instructed me to issue warning letters to employees who take leave without approval. I have reservations about this approach but am unsure of alternative solutions. Is there a different course of action we could take? If not, what should be included in the content of the warning letter? Can I simply state, "This is a warning letter as you took leave without approval"? Thank you, Megha.
From India, Mumbai
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If your policy clearly mentions that leave can be availed with prior permission from the reporting officer, the employees are expected to take permission before they take leave even if they have complied with the first requirement of the leave, i.e., compensating the working hours. But if the employees were not communicated of the above conditions of leave, it will be advisable to send a circular stating that "some of the employees are availing leave as a matter of right without getting it approved and such practice would be viewed seriously in the future." Once this communication is given, the employees will become aware of the conditions attached to leave. If, even after this communication, any employee takes leave without intimation, you can initiate disciplinary action.
A Post Script: The Shops and Commercial Establishments Act (of your State) under which your firm is registered should have provisions pertaining to casual leave, sick leave, and earned leave. These leaves are not subject to any condition regarding compensating for hours at the office. Though prior intimation can be made a condition for availing earned leave, CL, or SL can be availed without prior intimation for which intimation on the day of its availing would be sufficient. Therefore, if you do not have any CL, SL, or EL but your leave is restricted only to the one stated in your post, i.e., 2 leaves per month subject to fulfillment of the condition that he should have worked for the time allotted, then your policy will not have any legal validity.
Regards,
Madhu.T.K
From India, Kannur
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4771A Post Script: The Shops and Commercial Establishments Act (of your State) under which your firm is registered should have provisions pertaining to casual leave, sick leave, and earned leave. These leaves are not subject to any condition regarding compensating for hours at the office. Though prior intimation can be made a condition for availing earned leave, CL, or SL can be availed without prior intimation for which intimation on the day of its availing would be sufficient. Therefore, if you do not have any CL, SL, or EL but your leave is restricted only to the one stated in your post, i.e., 2 leaves per month subject to fulfillment of the condition that he should have worked for the time allotted, then your policy will not have any legal validity.
Regards,
Madhu.T.K
From India, Kannur
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I appreciate what Mathu T K wrote. I would like to add about office discipline. Although employees have the right or privilege to avail leave, it is expected that they should take it with prior permission. In case of unavoidable circumstances where leave is required without prior permission, the employee should intimate their reporting officer as early as possible. If such kind of discipline is not adhered to by the employee, then it will be very difficult for any company to manage day-to-day activities.
Regards,
nk panchal
From India, Anand
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Regards,
nk panchal
From India, Anand
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Dear Megha,
There is nothing left after the clear insight provided by Mr. Madhu TK. I would only like to ask you to speak to your Head and give him a brief that there are laws which are mandatory to be followed. On one hand, it is a matter of deep concern, and on the other hand, it gives you the opportunity to rectify what is wrong in the system and may prevent the company from landing in legal trouble.
From India, New Delhi
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There is nothing left after the clear insight provided by Mr. Madhu TK. I would only like to ask you to speak to your Head and give him a brief that there are laws which are mandatory to be followed. On one hand, it is a matter of deep concern, and on the other hand, it gives you the opportunity to rectify what is wrong in the system and may prevent the company from landing in legal trouble.
From India, New Delhi
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So much is written. If leave is taken without informing the HOD or Approval authority, then the leaves are considered as 'unauthorized absences'. If permission is granted by the HOD or Approval authority but not communicated to the HR Dept, then appropriate action shall be taken against the HOD or Approval authority. These leaves cannot be considered as absences because the employee's leaves/LWP were permitted by the HOD or Approved authority; hence, the employee is not at fault.
From India, Ahmadabad
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From India, Ahmadabad
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