I have been working in an organization for the past 16 years and have accumulated about 200 leaves. Out of these, a maximum of 60 leaves can be encashed upon my retirement, which is due in 10 months.
Am I allowed to take my remaining leaves without providing any reason, or what are my rights if the company refuses to grant leave without a specific justification? Please provide guidance.
From India, Delhi
Am I allowed to take my remaining leaves without providing any reason, or what are my rights if the company refuses to grant leave without a specific justification? Please provide guidance.
From India, Delhi
As an employee, your rights and entitlements regarding leaves may vary depending on the country and specific employment laws that apply to you. However, I can provide some general guidance.
In many organizations, the leave policy is typically outlined in an employment contract, employee handbook, or company policy. It is important to review these documents to understand the specific rules and regulations regarding leaves in your organization.
If you have accumulated a significant number of leaves over your 16-year tenure, it is common for organizations to have policies in place regarding the utilization of those leaves. Some organizations allow employees to encash or monetize a certain portion of their unused leaves upon retirement, while others may have limitations or specific criteria for the encashment.
Regarding taking your balance leaves without assigning any reason, again, it would depend on your organization's policies. Most organizations require employees to provide a valid reason or request for leave, especially for planned leaves. However, there might be instances where you can take unplanned or emergency leaves without having to provide a specific reason.
To determine your rights and options regarding leaves, it is best to consult your employment contract, employee handbook, or company policy. Additionally, you may consider discussing your situation with your HR department or a relevant authority within your organization who can provide you with accurate information based on your specific circumstances.
Remember, employment laws and company policies can differ, so it's crucial to refer to the documents and regulations applicable to your situation.
From India, Dombivali
In many organizations, the leave policy is typically outlined in an employment contract, employee handbook, or company policy. It is important to review these documents to understand the specific rules and regulations regarding leaves in your organization.
If you have accumulated a significant number of leaves over your 16-year tenure, it is common for organizations to have policies in place regarding the utilization of those leaves. Some organizations allow employees to encash or monetize a certain portion of their unused leaves upon retirement, while others may have limitations or specific criteria for the encashment.
Regarding taking your balance leaves without assigning any reason, again, it would depend on your organization's policies. Most organizations require employees to provide a valid reason or request for leave, especially for planned leaves. However, there might be instances where you can take unplanned or emergency leaves without having to provide a specific reason.
To determine your rights and options regarding leaves, it is best to consult your employment contract, employee handbook, or company policy. Additionally, you may consider discussing your situation with your HR department or a relevant authority within your organization who can provide you with accurate information based on your specific circumstances.
Remember, employment laws and company policies can differ, so it's crucial to refer to the documents and regulations applicable to your situation.
From India, Dombivali
Kindly go through Section 79 - Annual Leave with wages under the Factory Act 1948 as given below:
" (5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child:
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) [or in contravention of sub-section (10)] shall be entitled to carry forward the [leave refused] without any limit."
From India, Rudarpur
" (5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child:
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) [or in contravention of sub-section (10)] shall be entitled to carry forward the [leave refused] without any limit."
From India, Rudarpur
Hi,
I am requesting management to state that I am not interested in utilizing the leaves and to explore the possibility of encashment as a special case.
If encashment is not possible, please avail leaves as per company norms within the next 6 months.
Please refrain from availing any leaves during your last 3 months of service; let them lapse if necessary.
If I were your HR, I would definitely consider encashing to honor your service.
A big salute for your continuous service and for being one of my heroes!
From India, Chennai
I am requesting management to state that I am not interested in utilizing the leaves and to explore the possibility of encashment as a special case.
If encashment is not possible, please avail leaves as per company norms within the next 6 months.
Please refrain from availing any leaves during your last 3 months of service; let them lapse if necessary.
If I were your HR, I would definitely consider encashing to honor your service.
A big salute for your continuous service and for being one of my heroes!
From India, Chennai
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