joykumar Started The Discussion:
Various Leave Rules under Factory Rules in India such as CL, EL & SL may kindly be discussed with reference to numerical calculations. JOY KUMAR DE
Mostly there are 3 types of leaves prevailing in the organisations..
1. Privilege leaves/ Paid leaves / Earned leaves - 16
2. Casual leaves - 8
3. Sick leaves - 8
Out of these leaves casual & sick leaves can be availed only during that financial year.. whereas Privilege leaves are carried forward to the next financial year.. and these can be encashed.
In some companies it gets encashed on yearly basis whereas in some companies it gets encashed only at the time of separation from the company...
The details of the same are -
Earned leaves/ Privilege leaves : These are the leaves which are earned in the previous year and enjoyed in the preceding years. These are also known as privilege leave this can be carry forward for the quatum upto the total of three years and vary from state to state as per the shop & establishment act. These are encashable on basic salary to the employee. the condition for taking these leaves usually differ from company to company but normally in advance atleast 15 days. this can be clubbed with sick leave if sick leave is not balance with the employee.
Casual Leave: These leave are granted for certain unforeseen situation or were you are require to go for one or two days leaves. In case of casual leave normally company's strict maximum to 3 days in a month. In these case either the person has to take the permission in advance or has to be regulated on joining. this leave is normally never clubbed with Privilege leave, but it can be clubbed with sick leave if there is is no sick leave balance. Again quantum var from state to state as per shop & establishment act, normally this leave is not encashable or never carried forward. these days to attract people or to reduce absenteeism at the end of the year the balance Casual leave in converted to PL in the leave account.
Sick Leave : These leaves as name defines is for the sick the employee faces. the quantum is as the shop & establishment act at different state. These leave can be carried forward if balance with logic that a person can face sever illness which may require him to take medication and leave during that period which normally recommeded to carry forward upto 45 days or else it get lapse. This accumulation also reduces the absenteeism due to small sickness. If person is sick for more than 3 days normally he is required to attach the medical certificate.
Maternity Leave: It is granted 12 weeks. Sic weeks before the delivery * 6 weeks after the delivery. the Lady has to submit the fitness certificate before resuming on duty. Rest Ms. shilpa has explained about this leave.
leave without pay: If person do have any leave to his balance and the situation warrants him to take the leave, the leave is granted by the Company as loss of pay or which may be adjusted against the future leave or as a special case the special paid leave based on the person contribution to the Company at management discretion.
Compensatory off: These leave are granted if the person come on work during the holidays, normally compensated as leave to be taken or as an encashable option.
You might have received the various kinds of leave rules that are existing in various concerns. As far as Government servants concerned, there is a separate set of rules existed. As far as Andhra Pradesh Government concerned, the A.P.Leave Rules, 1933 are in existence with several amendments for the benefits of its eemployees.
I explain the various leaves hereunder as per APLR-1933.
Casual Leave:- There is a provision to avail 15 days Casual leave in a calender year. If you do not avail the 15 days, the balane of leave will be lapsed.
Earned Leave:- There is a provison for 30 days earned leave ( paid leave) for every employee i.e., 15 days will be credited in every six months. This earned leave is a permanent leave without any any lapse. You can avail the leave whenever required with full pay. Balance of leave will be added to the next year, till the retirment of the employee. After retirement, the entire balance of leave will be culminated into cash subject to maximum of 240 days and paid to the employee in cash as per the rate of pay as on that day. That is Leave enchashment on retirment. Moreover, there is a provision for surrender of 15 days earned leave every year or 30 days of earned leave once in two years for encashment purpose.The earned leave will be reduced to that extent, and leave encashment will be paid to the employee.
Half pay leave:- There is a provsion of 20 days half pay leave per year. This is also permanent leave and carried forwarded to the next year, till the retirment of the empolyee. But threre is no leave encashment benefit.However, subject to certain conditions, Half pay leave can also be encashed on retirement. The half pay leave can be availed by the Govenment employee as and when required with half of the pay. However, due to emergency circumstnces under Medical grounds, half pay leave can be availed by cummuting the half pay eave into fullpay . That means, you can avail 40 half pay leaves for 20 full days payment of salary on Medical grounds.This is what is called as " Half pay leave commuted into full pay".
Leave Not due:- There is a provision for sanction of leave not due i.e., leave can be sanctioned eventhough there is no balance of any leave to the credit of the Government employee, subject to the condition that quantum of leave period will be deducted in the future leave acrued in his service. This fecility is prerogative of the Government on special circumstances, but not as a matter of right of the employee.
Study Leave:- There is a provison for sanction of study leave to the extent of 5 years with or without pay on the circumstanes of the case. The Government are only competent to sanction such leave on special circumstances under Public Inerest, but not on the request of the employee. This is a rare leave and certain higher category of employees are eligible to receive Study leave under special circumstances, but not on routine way.
Extra-ordinary leave:- This is a leave on loss of pay. If the employee is not having any credit in his leave account, he can request the aughorities to sanction extra-ordinary leave ( i.e., Leave on Loss of pay - without pay and allowances). The extra-ordinary leave can be sanctioned upto 5 years with the permission of the Government, but however under special circumstances on the request of the employee.
Maternity leave:- The maternity leave is entitled to avail by every Women Government employees subject to production of Medical Certificate. The Maternity leave is extended upto 4 months with full pay and allowances. However, Government restricted this leave to avail by women government servants for two Confinements onl
Paternity Leave :- It is under proposal by the Government. It is meant for male Government servants to look aftery their wives during delivery time to attend to their wives and childrn.It is not so far materializedimplmentation, but there is a proposal to give benefits of this type of leave to Male Governmnt servants, as it is in vougue in some Private Orgnizations.
As per the Fundamental rules of the Government of
Andhra Pradesh, Leave (except Casual leave ) cannot be claimed as a matter of right.
Thank u very much for this clear explantion.
But I want to ask that, Leaves Module of a company depends on its policy?
bcoz when i previously working as a worker in a ltd company.
that time we have total 32 leaves per yr
SL - 9 per yr but we can take only 2 in a month, if we will take more that 2,than they do not pay.
CL - 9 per yr but same as that of SL & we can use only from April month 7 Do not carried forward. If cl remained, we can not encashed as they lapsed
VL - Villege leave total 14 per yr, we can take whole in a month and it carried forward to the next year.
so i want to ask is it right policy to aplly leave rule
is leaves part rule diffrent for worker & for management people.
Kindly give me the answer.
Thanking & regards,
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