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Thread Started by #sujatakudale

We have an query for leave eligibility . We are working in construction Firm it is Partnership Firm.
As our policy an employee is eligible only for 12 Paid leave no other leave is applicable. That means we get only one leave per month.
Suppose if an employee confirmation falls March 11,2013 then let me for how many leave he is eligible. Shall I consider March also or not.
Suppose his/her confirmation falls after 16th march shall i consider march or not.
15th March 2013 From India, Pune
its wrong practice as per law yet u have to calculate in round
16th March 2013 From India, Faridabad
Dear Sujata
You have to formulate a policy in you company in such a way that the employees confirmation begins prior to 15th of any month, the same month may be taking into account to provide calculation of leave. If it is after 15th of the month, the same month may have to be ignored. As your company provides 12 days paid leave to employees, you can calculate the leave accordingly, by maintaining a uniform policy to avoid discrimination in the company. No body finds fault with you. In the instant case, the employee confirmation falls on 11th March, 2013, you have to give one day paid leave for the month of march to the individual. But make sure that the employee completed the service at least one month before awarding one day leave for the Month of March 2013.
Suri Babu Komakula
17th March 2013 From Canada, Calgary
Dear sujata, Greetings for the day, It is wrong practice employee eligible for leave during probation period also. Thanks & Regards, From, Sumit Kumar Saxena
17th March 2013 From India, Ghaziabad
In India labor legislations are silent on probation/confirmation w.r o rights and privileges of probationers or confirmed employees except their definitions in model standing orders.Those things are depended on Co policies.posts,industry practices etc.As far as entitlement of leaves are concerned The Factories Act or Shop & Commercial Est;Act do not discriminate probationers and permanent employees.
Varghese Mathew
17th March 2013 From India, Thiruvananthapuram
Where the joining date is after 15th of the month, you can give half day leave.
Those who worked for more than half month can get a full day
If you are going to follow the oractice of 1 holiday for a month worked, A better practice may be to give full day for those who worked more than 3 weeks, half days for those who work 1-2 weeks and nil for those who worked for up to a week
18th March 2013 From India, Mumbai
Kind Attn: Mr. Banerjee Suppose the confirmation falls on 26th August 2013 & an employee will be working only for 6 days. In this matter can we provide 1/2 day leave or not. Please reply.
18th March 2013 From India, Pune
Dear member
To keep it simple, round off the leaves to full days. Any thing less then 1/2 is Zero and 1/2 and above is 1.
Secondly, you have mentioned that your company gives 12 days of leave. Which Act are you covered under Factories act or Shops & Establishment Act. Under both the acts the number of leaves are more than that you are giving . Please refer to the acts for better clarity.
Preetam Deshpande
18th March 2013 From India, Mumbai
As other members have said, the process you follow is wrong

It should be in terms of day when he joined, not confirmation (I talked in terms of joining date, actually). The general rule is that you credit leaves for probation period but he can use them only after probation is over.

Further, you need to check the number of days required under shop and establishment act or under factory act (as applicable to you) fir the minimum number of days required to be allowed for leave.

Assuming your owners are not willing to give additional days or change the starting reference point, I gave a suggestion of what will be fair. Finally it's management call (or hr call) to decide what it wants to do.

For clarify, I am putting down what I was saying :

1. Anyone who worked of the full month, or has worked for more than 3 weeks in the month (22 to 31 days) should get the full day of leave

2. Those who worked for less than 3 weeks, (8 to 21 days) can be given half day of leave for the for the first month.

3. Those who worked for less than 8 days in the month should not get leave credit for that starting month.

Hope this helps you work out you're own method for the above.
18th March 2013 From India, Mumbai
If you have a Standing Order,follow its provisions,otherwise model standing order is followed.Accrual of leave should be for Calender year,after completion of a given number of days of eligibility period.If he is eligible,then you should allow proportionate leave for the actual period of duty days he has put in.
18th March 2013 From India, Bokaro
Dear Sujata,
E.L.depends on the applicable law and not decided by the owners.the employee will get leave from his or her date of joinng however it depends that you will provide the availing facility from confirmation.
if any employee joined on 1 april and his confirmation is for six months then he will be confirmed on 30 september but in october he can avail leave for 6 months from date of joining.
18th March 2013 From India, Agra
First of all leave is not a matter of right.
At any cost it should not be less than 12 casual leaves per annum apart from earned leaves.
If the orgzn. provides more than that, law/society should not object.

19th March 2013 From India, Jaipur
Dear Sujata,
You and your company can't decide the Leave Policy. the policies decided by the Labour law ministry so please follow the labour law rules under which your company is falling.
Thanks & Best Regards,
Rajeev Rawat
30th March 2013 From India, Agra
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