Labour Law & Hr Consultant
Mba Student (human Resources)
Manager - Hr Excellence
Service As Personnel & Administrative
SUNIL KUMAR 03081985
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.
22nd August 2007 From India, Ahmadabad
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.
11th December 2008 From India, Vijayawada
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,
17th April 2010 From India, Mumbai
Please let me know if women employee has taken leave for 3 months , will her leave balances for example 2.5 are added every month wil be added for next 3 months , similarly if an employee is sick for one month will his 2.5 leave eligibility added for that month ? do advice
28th October 2010 From India, Hyderabad
Can you please clarify a point on the sick and maternity leave.
Amith Seth mentions Sick Leave at 8 days to be valiled only during that financial year, and any balance carried forward upto 45 days.
* the 8 days during financial year - is this full paid sick leave or unpaid?
* once any balance is carried over to the next fin year - is it then considered unpdaid?
Maternity Leave - is this fully paid or only a %.
1st December 2010 From United Arab Emirates, Dubai
i wanted to know
1- in case there is no balance leaves in my account and i 've taken continuous 14 days leave including non working days, so should they Charge LOP for non working days as well?
2- my boss asked me to leave the org on 20 th march with an offer of 1 month salary, so i took leaves (balance amount) and accepted his offer now he is giving me 15 days salary only by saying that i was on LOP.?
HOW SHOULD I GO ABOUT THIS?
i m planning to say that i am not leaving the job(no written agreement), and at the end of this month i will be eligible for bonus.
please reply what should i do and can i claim about bonus(after 1 year eligibility, mentioned in my offer letter ) as he is laying me off ???
3rd April 2013 From India, Faizabad
If an employee has taken half day on saturday & full day on Monday then Sunday will be taken as a leave.
Example: If an employee has taken half day SL on Saturday and applied 1 day CL on Monday, then the employee has to cancel the CL for Monday and apply for 3.5 days SL (i.e. 0.5 day for Friday and 3 days for SL for Saturday, Sunday & Monday). This also depends on the Company's leave policy. Some Companies aloow this type of merging of leaves and some comapnies do not.
3rd April 2013 From India, Mumbai
Let me express my views on the thread for the sake of simplified clarity since the various questions posed one after another converted it into that of a questionnaire.
In employment parlance, the term 'leave' connotes a special meaning that it is a period of time for which an employee is allowed to be away from work for a special reason.It is therefore different from 'holiday' in that holiday is a total closure of work as such no permission is necessary wheres leave is absence with permission from work.
The idea behind grant of leave for employees is two-fold: the first one is to permit an employee to enable him to discharge his social obligations such as attending a marriage, calling on an ailing relative or a friend etc., like any other member of the society and meeting certain unforeseen contingencies like sudden indisposition of a family member or self; the second one is to permit him/her to rejuvenate himself/herself for certain spell of time free of physical and mental pressures of work so that his productivity or capability to work is maintained at the optimum level.
Almost all the labor enactments applicable to particular types of industrial establishments do have special provisions relating to leave and holidays to employees depending upon their nature of work.In respect of managerial cadre employees, industries themselves devise their own leave policy and incorporate into the service regulations of such people for the sake of uniform application.
Since the opening of this thread started with the kinds leave in factories, I shall also start with the leave provisions of the Factories Act,1948. Other than the weekly holiday mentioned in Se 52 of the Act and maternity leave of 6 weeks prior to or after delivery permissible to eligible women workers under the Maternity Benefit Act,1961, the only leave available to the factory workmen is the Annual Leave with Wages allowed u/s 79 of the Act.It is permissible subject to the condition of working of 240 days or more in the previous year.That is in the case of an adult workman, leave will be allowed in the subsequent year @ 1 day for every 20 days of work performed in the previous year and in the case of child,1 day for every 15 days. The days of lay-off, maternity leave not exceeding 12 weeks and the leave earned in the year prior to that in which the leave is enjoyed will be treated as worked days for the purpose of computing the 240 days. Maximum no of days accumulated is 30 in the case of adult and 40 in the case of child. Encashment of unavailed no of days is permissible immediately on termination on a/c of discharge, dismissal, resignation,superannuation or death.Leave shall be applied for permission before 15 days; if denied the applied no of leave should be allowed to be carried over.
In the case of employees in shops and establishments, generally provisions for the grant of casual leave, sick leave each @ 12 days a year and privilege leave leave @ 12 days are given in the respective State Enactments. Only privilege leave can be accumulated to a maximum of 24 or more days as in respective Acts.Unavailed portions of P.L should be paid on any kind of termination; S.L only on death.
In respect of contract labor, the leave provisions of the law applicable to the principal employers estt are applicable.
GENERALLY, holidays falling within the period of earned leave or prefix and suffix of holidays are permissible.
It should be borne in mind that it cannot be claimed as a matter of right; sanction is always subject to the exigencies of work only.
3rd April 2013 From India, Salem
19th June 2015
I am working for a educational institution run by trust. I would like to know about what are the types of leaves available and how to use for vacation and non-vacation time and also the accumilation and non accumilation leaves. Here we have permanant and non permanant staff.
Assist me in this
20th August 2015 From India, Hyderabad
Thank You So Much for sharing us.
I want to ask a question if I have CL SL and EL.Can I take EL ?. If I want or organisation says that firstly you have to adjust EL then CL and SL.IS it possible?
I Apologise for the mistake in English due to I am weak in English.
3rd March 2016 From India, Ghaziabad
From the very names of the leaves, you can understand that they are meant for different purposes. So, there can not be any fixed order in which they have to be availed of or sanctioned. CL is meant for unforeseen circumstances and SL is meant for sudden illnesses lasting for a short period and both these can be availed of within the calendar year. But, EL becomes operative only in the succeding year as per the requirement of the employee like a vacation subject to prior sanction of the employer. Combined enjoyment of these leaves depends upon the leave policy of the employer.
3rd March 2016 From India, Salem
Privilege Leave: 1.5 per month (Total 18 days in a year) credited at the start of calendar year. Employee is entitled to PL on completion of probation.This can be availed all at once by giving prior notice of at least 15 days to the management. 50% of PL could be carry forward in the next calendar year and the remaining leaves will lapse at year end. A maximum of 30 days can be accumulated as leave balance at any point of time.
Casual Leave: 0.5 days per month (Total 6 days in a year). New joinees can avail of CL from date of joining. No carry forward for CL as it will lapse at year end if not availed. CL will not be granted for less than 1/2 day and more than 2 days at a stretch. Intervening holidays will be counted as part of CL. Request for CL must be made and approved at least 3 days in advance. CL cannot be clubbed with privilege leave while taking leaves.
Sick Leave: 0.5 days per month (Total 6 days in a year). New joinees can avail of SL from date of joining. No carry forward for SL as it will lapse at year end if not availed. If an employee avails of SL for more than 3 days, a medical certificate should be submitted along with leave application within 2 days of joining. Any National & Festival holidays or weekly holidays prefixing or suffixing or falling in between the leave applied shall not be included. SL can be clubbed with CL for availing leaves. In case of serious long recovery illnesses, the employee may request for additional SL with pay, only when other types of leaves have been exhausted. Additional leave will be at the discretion of the management and cannot be assumed to be a right of the employee.
Please state if the above guidelines are in compliance with the Karnataka Shops and Commercial Establishments Act and other relevant labour laws. Please note the current employee strength is 11 including the proprietor and is based out of Bangalore.
I would value your suggestions regarding any possible amendments in the above policy. Please advise regarding the carryforward of PL as I have read so many different versions and each orgn. seems to differ.
Thanks in advance!!
3rd March 2016 From India, Pune
One of the most devastating things that can happen to anyone, even an optimist, is to lose one's job. The hit to the paycheck hurts enough but for some people, especially folks in high positions, it's the hit to the ego that hurts the most. People stop talking to you. You become less "relevant." Your identity suffers.
What's remarkable is how many people who've actually gone through the process tell me it was one of the best things to happen to them. They were set on a course they might not have otherwise taken. New doors opened up. Sometimes, the hit to the ego wasn't as bad as one thought.
Digital Marketing Consultant
4th March 2016 From India, Hyderabad
pls help me. i think in earned leave only sunday and national festival day calculated. but in sick leave i dont have idea.
25th April 2016 From India, undefined
I have joined a new company (Pvt Ltd) a month back at Chennai.Please can some one brief me on the Earned leave policy as per Tamil Nadu Shops and Establishment Act.when is an employee eligible (after how many months of service) for Earned leave and how many days of Earned leave.
My Company's consultant says i can avail earned leaves only after completing 1 year in the organisation. i will get one EL per month but i cant avail them till i complete one year.The company's Probation period is 3 months.
Earlier i worked in Mumbai in another organisation where post confirmation (6 months Probation) i could avail earned leave.
Thanks and Regards,
13th June 2016 From India, Chennai
I have one question to ask one of my friend is working in an proprietorship company which is not yet registered in mumbai, my query is that this employer only allow 11 EL in a financial year out of which he say u hve to take 4 madatory off according to his wish n remaining 7 EL u can avail according to their need also he gives no sick leave. If i am not not mistaken according to shops & establishment act employer should give 1 el on working for ever 20 days i.e. in a year employee is eligible to take 18 EL. I need some help form you guys is there any provision under shops & establishment act where they can legaly demand for 18 el at least in a year. Your reply will help many employees from this organisation and this organisation deal in real estate sale.
HR. HEAD BUN
11th March 2017 From India, Mumbai