shwetasthaker
4

Hello All,
I am working as an asst. HR executive. In my company we have strength of around 15 employees. Company has not even finished its one year period. I have joined here before two months only and actually management is not much aware about HR policies and terms etc. Now my question is related to leave policy. I have suggested giving one day paid leave to the employee in a month. Management has accepted the suggestion but my point is one of our employee is on leave for more than half month as he was ill. So should I consider one day paid leave or not when calculated his salary?There is no cl,pl or sl applicable to any of the employee.If a person is absent for 4 days in a moth then 4 days salary will be deducted from his/her salary.

From India, Pune
shwetasthaker
4

Hello Sir, If this is your reply to me then i got confused.........can you plz clear it out with details?
From India, Pune
malikjs
167

dear sweta
quantum of leave to be given to an employee depends on two things ,wheter it is a factory or establisment.
i feel your might be an establishment than leave will be granted as per shop and establismnet of the particular state .if you explain in which state your office located than i can suggest u no of leaves to be given in a year.ofcourse which u have suggested is less .
tks
j s malik

From India, Delhi
nancy567
Hi Shweta,
Its mandatory that company should give sl and cl, but the no:of leaves differs from company to company. In my company we give 6 CL ,6 SL and 6PL in a calender year. SO what i will suggest is you should give him the eligible SL in his credit ( calculate from the date he joined the company) and rest LOP. But before all this you should put this Leave policy in front of ur management and after getting the approval you can implement it.
Hope this will solve ur problem......:-D
Nancy

From India, Thiruvananthapuram
Madhu.T.K
4193

Since the company started functioning just one year back only, there is no question of employees earning any leave. If you come under the Factories Act, and would like to go for leaves as per law only, then your employees will be eligible for leave from the second calendar year (Jan 2009)onwards based on the number of days work done in this year. Every employee who had worked for at least 240 days will be eligible for leave @ one day per 20 days worked. Those who had joined during the year, say, June or Sept will get leave prorata.
For continuous absence whether to give leave or not is at your discretion. But it is common to mark it as ' leave without pay'.
Regards,
Madhu.T.K

From India, Kannur
vlsaroja
2

Hi,
The paid leave is calculated for the month the employee has worked for the company. Any employee who works for minimum 15 days in a month, should be eligible for calculating EL. Here since the employee is already in LOP, he isnt eligible for the same

From India, Hyderabad
Spear
1

Dear Sir,
For the purpose of considering the 240 days work, shall we take the total completed days by an employee i.e., the worked days+holidays+legitimate leaves taken if any+LOPs if any?
Regards,
Aakrit

From India, Hyderabad
amrender
5

hi shweta,
I belive Mr.Madhu and Mr.JS Malik have already suggested u, basis of EL is one leave for 20 days worked for last working year(as per Factories Act 1948). Your compny Total Strenght is 15 hence it does not fulfills the criteria of Being a establishment (as Per Factories Act 1948) therefore I would rather suggest that is on our mgmt. discretion how many leaves they wanna set as EL,CL.
As far as ur employee who is on leave for 15 days is on Leave without pay according to me.
Amrender

From India, New Delhi
Thushara Renjith
1

Swetha
Giving CL and SL is mandatory and the number of CL/SL allowed are differs from company to company.I suggest,you can provide 6 CL and 6 SL (though the number is very less) ,as it is a newly started company.See some of the leave rules applicable in this particular situation:
Casual Leave: shall not be granted for more than 3 days at a time.Intervening Sundays and holidays falling during the period of Casual Leave will not be counted as Casual Leave. But including Sundays and holidays total absence of an employee should not exceed 4 days at a time.Casual Leave cannot be combined with any other kind of leave
Sick Leave :can be availed in combination with earned leave, Sundays and holidays but not with Casual Leave. Sundays and holidays during the period of Sick Leave will be counted as Sick Leave.
Earned Leave:Confirmed employees who have worked for a period of 240 days or more during a year (1st April to 31st March) shall be allowed during the subsequent year earned leave with wages.Sundays and Holidays falling during Earned Leave will be counted as earned leave. Earned leave can be suffixed or prefixed to a Holiday/Sunday. But both prefixing and suffixing will not be allowed(means that holiday/sunday will be considered as EL).And an employee is eligible to get one EL for every 20 days he worked.Usually the total EL credited will come 15 or 16 per year(minimum) and it will be credited in employee's account on March 31st.

Please do note that the rules aplicable to CL and SL can de differ from company to company

Regards
tushara

From India, Coimbatore
Madhu.T.K
4193

Dear Mr.Aakrit,

For the purpose of eligibility for earned leave 240 days in the preceding year is required. While calculating this 240 days, number of days leave availed (paid leave only), maternity leave taken (women employees), lay off days, leave due to employment injury and weekly off and holidays will be taken as days worked. But for these days he/ she will not earn leave. For example, if in 2007, one has worked for 220 days, he was on leave with pay for 10 days, he was on leave after an employment injury for 6 days and he was laid off for 4 days during 2007. He will be eligible for leave in 2008 but his leave will be 220/20= 11 days. If a woman employee had availed maternity leave in the current year she will also be eligible for leave in the next year provided she has 240 days including 84 days of Maternity leave, but he EL will be on the basis of actual days worked.

The above platform is more significant to determine continuous service while deciding eligibility for Gratuity and compensation for retrenchment.

Regards,

Madhu.T.K

From India, Kannur
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