aparna251 Started The Discussion:
Dear All, Kindly let me know "what is mean by Earned Leave ?" My previous employer was considering working day as earned leave, but current employer doesn't calculate it that way. If leave is taken along with holidays, then they consider those days as leave, which I think shouldn't be done. Is there any legal document to support the statement of earned leave against working day only ? If holiday is also considered as leave then what about the compensation of lapsed holidays ? Kindly let me know more about this, according to Good Industry Practice, what is correct. Regards Aparna
Our company is an Consulting Engineers firm which is Pvt. Ltd. but i don't know under which act it is registered.
Actually our company includes holidays in leave. Let me explain this with example.
I am taking May 2nd week to may 3rd week. In this case we have holidays on 14th (second Saturday), 15th (Sunday), 17th (Buddha Purnima) and 21st (Sunday).
So if I apply for leave from 16th to 21st, as per my knowledge they should consider, 5 day leave (against no. of working days, I am not present in the office). But they will include 4 days which are holidays as leave days and total no. of days of leave will be 7 days. Is it right ?
If not, can we have any legal document which we can refer to support our leave calculation method (i.e. exclusion of holidays from no. of leaves).
Please reply, since I am not having HR background, need your help urgently.
Thanks in advance.
I guess they considered as Intervening Holiday ie, if you take leave inbetween public holidays or weekends. for example if you take leave on friday, sat, sun, mon they take these four days as a intervening holidays. Its a normal hr practice. Another example if you take leave on thursda, friday, sat and sun then they consider only two days weekend leave they wont calculate but at the same time if you take leave in between public holidays or along with weekends. THis will happen.
Correct me, if i am wrong.
As per my knowledge if u processed the leave for some days, in between holidays came it will calculate as leave. when u take leave above 3 days it will be considered as earned leave and you can't add the weakly offs and FH's. for example your weakly off on Sunday as well as May Day also Sunday you can not take one more day com off.
correct me if i am wrong.
EARN LEAVE/PAID LEAVE - Under section 79 of Factory Act, if an adult employees worked for 240 days in the calendar year he/she will be eligible for 1 PL/EL against every actual 20 days working. if a child, one day for every fifteen days.
For the purpose of computation of 240 days, a days of lay-off, for female worker - maternity leave not exeeding 12 weeks, the leave earned in the previous year and availed in the current year but employee will not eligible for any leave on these days means it is for computation of 240 days only.
when an employee joined other than the first day of January, if he has worked for two-thirds of the total numbers of days in the remainder of the calendar year will be eligible for leave.
"An employee earned by meating certain criteria hence it is known as Earned Leave"
This is well defined rule under model standing order (Industrial Employment Standing Order) -to avail the befilts of the holidays, employee shall physically present before or after the schedule holidays. If an employee is physically not present before or after the scheduled holidays will not be entitled of the benefit of the holidays.
Ex- I am taking May 2nd week to may 3rd week. In this case we have holidays on 14th (second Saturday), 15th (Sunday), 17th (Buddha Purnima) and 21st (Sunday).
So if I apply for leave from 16th to 21st, as per my knowledge they should consider,7 days leave (As Holidays get merged into Leave), But that employee should must be present on 13th May in the Office, otherwise that day would also be inclusive in the Leave.
Is it Right.....
Thanks & Regards--
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