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Sumitk.saxena
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Private Consultant On Labour Laws
Nainz
Senior Hr Professional
Sandeep Nainwal
Hr Professional
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Dear Seniors,
One of our employee is on leave for 2 months as he met an accident. Last month we have paid him the salary after adjusting his leave balance (last month he has worked only for 4 days). Now he does not have any leave balance and he has not attended office at all (his expected joining is 2nd week next month).
Now I questions is how many days salary he should be paid?
Note : his current month leave entitlement is 2, number of calander holiday-2. also would like to inform that we do not count Saturday and Sunday in leaves is some one has availed consecutive leaves.
If we consider above points number of paid days coming as (2+2+5+4) = 13.
Should he be paid for 13 days salary even without attending the office.
Kindly give you valuable suggestions.

From India, Delhi
Dear Seniors,
One of our employee is on leave for 2 months as he met an accident. Last month we have paid him the salary after adjusting his leave balance (last month he has worked only for 4 days). Now he does not have any leave balance and he has not attended office at all (his expected joining is 2nd week next month).
Now my questions is how many days salary should he be paid?
Note : his current month leave entitlement is 2, number of calendar holiday-2. also would like to inform that we do not count Saturday and Sunday in leaves if some one has availed consecutive leaves.
If we consider above points number of paid days coming as (2+2+5+4) = 13.
Should he be paid for 13 days salary even without attending the office?
Kindly give you valuable suggestions.
Regards,
Riya
HR- IT Company

From India, Delhi
Dear Riya,
I do not appreciate your calculations. Entitlement of any leave arises only when one has performed his duties. Also payment of weekly off arises when he performs his duties during the week prefixing weekly holidays. As I understand from the post, employee is neither on leave nor on duty but he is absent from duty(at the most we can assume that he is on LWP), In my opinion, payment of 13 days salary is not healthy.
If still your company policy or service rules or service agreement provides for such calculations, then we have no option
Thanks
V K Gupta

From India, Panipat
Hi Sir,
My company is five year old small organization and this is for the first time we are facing this situation. In policy hand book nothing is mentioned specifically.
It means no payment should be done against salary. Right?
Regards,
Roopa

From India, Delhi
Hi Seniors, 37 Views and only one reply. Badly in need of your suggestions please share your opinion. Regards, Riya
From India, Delhi
HI Riya,
He should not be paid any salary for the month of August. Since his leave balance was exhausted in the month of july he should be considered on Leave without Pay w.e.f the day his leaves were exhausted. For eg. if he had 10 leaves in his account and he has worked till 4th july (as per your description) therefore you must have pay him till 18th July and he becomes on Leave without Pay w.e.f 19th of July' 2013 till the date he joins back.
This is as per the existing process in the industry.
Hope this helps.
Regards,
Sandeep

Hi,
was the employee in an accident while at work? do you have a policy of extension of long leave due to medical emergency/ situation. for example if you have an employee who has had a fracture and cannot resume work for 6-8 weeks, else does your sick leave policy cover such ailment or is the carry forward sufficient.
also where does the exception process lie in the organization. You may want to consider these points before taking the decision.
regards

From India, Chandigarh
Hi Sir,
1. The employee was on leave that day when he met the accident. It was Friday and he informed us about the incident on Monday. He has submitted a prescription stating that he has a fracture in his leg and need rest for 6-8 weeks.
2. We do not have a policy of extension of long leave due to medical emergency/ situation. Till date it leaves are calculated on normal entitlement and availed basis. In our leave policy confirmed employee is entitled for 8 Sick/Casual leaves and 14 Earned leaves.
One thing would like to add that the employee is covered under Accidental (Mediclaim) policy (benefit provided by the organization)and we have already initiated his claim. So all/most of the cost of treatment would be paid by the mediclaim company.
Please suggest, should his salary be paid or not?
Regards,
Roopa

From India, Delhi
Hi Sir,
Thanks,
We are an IT company. Does an IT company is covered under Labour Act.
As per our company policy every confirmed employee would be entitled for 8 Sick/Casual Leave and 14 Earned leave.
What is the labour law in this case?
As per Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act 1965 (applicatble in Delhi and Haryana) employee who is absent for around 1 month would not be paid for week off and entitled leaves except national holiday.
Should we follow this Act?
Regards,
Roopa

From India, Delhi
In this case he will getting without paid leave as he has availed his annual leave & sick leave & getting benefit for mediclaim.
Or else as a per Management approval we will pay him no of days leave salary & that number of days will be adjusted against his next leave calculation

From United Arab Emirates, Dubai

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