Except the leave mentioned in Factories Act, Plantations Labour Act or Shops and Establishments Act, all other leaves are benefits offered to employees by the respective employer. If an employee has no sufficient leave to his credit, employer can sanction leave without pay. There can not be any hard rule for entitlement and availment of leave without pay. It is purely a discretionary power of the employer to grant Leave without Pay. Therefore, if the reason for availing leave without pay is genuine, the employer can sanction it without any restriction. On the otherhand, without approval of such leave shall be viewed as a serius misconduct also.
14th February 2009 From India, Kannur