Suresh Ramalingam
Legal, Hr & Compliance
R.vijey
Head Hr
Papai007
Service
Ananthahp
Executive Hr
Srividhya Ramesh
Asst Manager - Hr

I am working in a organisation as Asst Manager HR. Though my core-competencies are recruitment and training, i have recently taken up job in HR. By education I am MBA in HR.
Recently in my organisation, my colleague applied for leave. However, due to exigency in the organisation her leaves were not granted. Director wanted me to send a mail saying asking for leave is only an entitlement and its not a right.
Want to understant if asking for leave is an entitlement or it is a right of an employee?????? :(
18th April 2007 From India, Ahmadabad
Dear All
pls tell me how casual leaves are granted. can we allow all 12 leaves in one month. in some books i have read that one leave is allowed in a month and if you do not take it then it is forwarded in the next month. wat happens if a new employee is appointed in the mid of the year. is he allowed with 12 leaves or just from the month he has joined. and whether he is allowed with casual leave from day 1.
Pls answer me as i m getting different answers from different people.
i would like to know wat is there in the laws.
Regards
Neetu
18th April 2007
Hi Srividya,
Your director is correct in saying that leave in not a right. In my experience with Armed forces I have learnt that leave is a priviledge and not a right, as per the policy books. Leave is a priviledge offered to employees to have breaks from work however in times of service exigencies all leaves can be curtailed that is the reason why policy makers dont define it as right... now you know why at times you have to come on a Saturday /Sunday as well!!
Please let me know if you differ.
regards,
Partha.
18th April 2007 From India, Calcutta
Dear Srividhya,

Except for justifiable reason, leave cannot be demanded as a matter of right even if such leave has accrued to an employee. An employer is under an equitable obligation to grant leave to an employee up to a maximum limit of leave to his credit for bona fide reasons.

At the same time it is expected that without previous intimation and obtaining prior sanction, the employee to whom leave is granted, will not extend or exceed the period of leave so granted. It is recognized that every man is likely to have certain social obligations to fulfil. He is also liable to fall ill at time or else there may be deaths or serious illness in the family.

Equity always protects an employee who has to absent himself for a justifiable cause. Similarly, under unforeseen or unavoidable circumstances, he may have to extend the limit of his leave prescribed by the rules of the establishment concerned. It is obvious that no management may reasonably expect that an employee will never fall ill. In such cases the exigencies of business have preference only to certain limit despite the statutory provision and service rules.

So, no leave can be claimed as a matter of right, but the employer has to judge before refusing the application.

Rgds,

Suresh Ramalingam
18th April 2007 From India, Mumbai
Thanks for your response.
As informed in my earlier mail, the leave though requested by my colleague after giving prior notice has been turned down.
However, due to family compulsions, she has taken the leave though it has not been approved.
My colleague has been a good and hard worker, sincere in her work and has been maintaining a clean record. However, due to this incident, I am not sure what action would be taken against her.
Can you suggest as a HR person what should I take care to avoid recurrence of an incidence?
19th April 2007 From India, Ahmadabad
HI,
I wish you can discuss with your director about the problems faced by your colleague which forced her to take such a decision and also explain him that she is a valuable employee. Also discuss with your colleague that even though she is genuine she has no right to take leave when she is not granted for. Instead convenience her to make a personal apology to the director and make arrangements for that.
See to that this doesn't spreads out in the organization which will worry the director. This happens in many organizations the course of action normally depends on how it will influence in the future.
Regards
Vijay
19th April 2007 From India, Coimbatore
Dear Sreevidhya,
I totally agree with Vijay.
The reporting manager of a particular employee has to accept the leave application. As such leave is not a right, it is a previlage for an employee.
Regards,
Anantha.
21st April 2007
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