Can employers ask employees to compulsorily utilize their earned leave in specific period? If yes, so let me know under which act or rule?
From India, Pune
From India, Pune
There is no rule or legal provision providing for an employer to instruct an industrial employee to be on leave, yet many employers do it. In Government service, there is a provision to send an employee on leave, but then the employee's leave is not affected.
From India, Mumbai
From India, Mumbai
Dear member,
As per the Factories Act, earned leave (EL) can be accumulated for up to 30 days for male employees and up to 40 days for female employees. EL can be availed for a minimum of 3 days at a time and not more than 3 occasions during the calendar year. If an employee applies for EL and management refuses to sanction it, the employee should be allowed to carry forward such EL to the next year.
Leave policies vary from company to company. Most companies offer EL encashment every year to prevent a financial burden in the long run. Management has the authority to formulate its own leave policy.
Please refer to the Maharashtra Factories Rules for more information.
Regards,
Jagadeesh
From India, Bengaluru
As per the Factories Act, earned leave (EL) can be accumulated for up to 30 days for male employees and up to 40 days for female employees. EL can be availed for a minimum of 3 days at a time and not more than 3 occasions during the calendar year. If an employee applies for EL and management refuses to sanction it, the employee should be allowed to carry forward such EL to the next year.
Leave policies vary from company to company. Most companies offer EL encashment every year to prevent a financial burden in the long run. Management has the authority to formulate its own leave policy.
Please refer to the Maharashtra Factories Rules for more information.
Regards,
Jagadeesh
From India, Bengaluru
Availing EL is the choice of the employee. If an employee fails to avail it periodically, excess leave is going to expire automatically beyond the limit of accumulation. Therefore, the employer cannot compel in this regard.
From India, Salem
From India, Salem
Hello,
Your query relates to voluntary employer action to administer Earned Leaves (EL) for an employee.
The answer is no. An employer cannot force or direct an employee to utilize their ELs. It is entirely the employee's choice to avail or not avail any part of their leave balances.
However, an employer may encourage employees to take time off for their personal well-being, such as vacations, etc.
In no case should an employee be forced to exhaust their leave balances, in part or in full. Additionally, when the employee departs from the organization, any unexhausted leave balance should be compensated for in their full and final settlement.
Thank you.
From India, Delhi
Your query relates to voluntary employer action to administer Earned Leaves (EL) for an employee.
The answer is no. An employer cannot force or direct an employee to utilize their ELs. It is entirely the employee's choice to avail or not avail any part of their leave balances.
However, an employer may encourage employees to take time off for their personal well-being, such as vacations, etc.
In no case should an employee be forced to exhaust their leave balances, in part or in full. Additionally, when the employee departs from the organization, any unexhausted leave balance should be compensated for in their full and final settlement.
Thank you.
From India, Delhi
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