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Hello,
I am rex jones. I am working with a reputed broking company since Jan'2006 (7 years & 10 months). Due to an accident i am on leave from last 45 days.
According to our HR policy we can't take more than 30 PL in a year. After 30 days of leave rest will be consider as leave without pay (LWP).
I want to know that it depends on company to company or is there any law that after completion of xyz years of services an employee will be entitled for 3 months of PL in a year or so.
Thanks in advance

Leave Quantum and rules defer from Organisation to Organisation, and they are framed considering under which Act, the Company is registered. E.g. A Company can be registered under Shops & Establishment Act, Factories Act, Sales Promotion Act etc. Shops & Establishment Act again differs from State to State. Also A Company can get registered its Head Office under Shops & Esta Act, and Manufacturing unit under Factories Act. Under all these options, Quantum and Leave rules will defer.

Under the perview of applicable Act for any Organisation, it frames its own Leave Policy. E.g. If Act says 21 days PL for a completed year is mandatory, then it is a MINIMUM Leave specified. Employer can make a policy for granting 30 days PL for a completed year.

Coming back to your query, I presume your Company has a policy of granting 30 days PL for a year. Since you have finished more than 7 years, for each year you are eligible for 30 days PL. Calculating leaves already taken during earlier years, whatever balance remains, are accumulated to certain level, say 60 days accumulation, or 100 days accumulation is allowed. Excess balance leave automatically gets lapsed.

Since you are on leave for 45 days, if you have sufficient accumulated balance to your account , on producing Doctor’s certificate, your HR should grant you the required leave. Ofcourse, if it is a written policy that “under no circumstances, more than 30 days PL is not allowed in a year”, then the issue of deduction will arise, and we will have to see the legality, and legal experts can put up their comments, whether such deduction is permissible under any Law/ Act.

About your Query : 3 months PL in a year … I don’t think any Company has such a policy, that after certain years, you are eligible to take 3 months PL in a year.

Thanx Abhay,
As you say about balance leaves, i have 71 more leaves in my bucket after deducting these 30 leaves.
but this is in their HR policy that we can't take more than 30 PL in a year,
So, Kindly advice.......

Hi Rex :
As per your company policy you cannot take more than 30 days PL but then I guess there will be no restriction on SL (Sick Leave) provided you submit all the medical documents.
If you have SL balance avail it first and and if it is not sufficient then you can club it with PL.
Hope the above inputs are useful to you.
- GIa

Thanx Gia, I have 2 casual leaves & 71 previlege leaves remaining. How can i use my PL in that case. Please advice....
Hello :
SInce you do not have SL balance, you will have to avail PL itself. I think you can put up the leave application alongwith the supporting medical documents. I am sure your Management will make an exception to the rule afterall it is on medical grounds.
- Gia

As Gia has rightly said there can be exceptions to the policy laid down by a company, please speak to the top management and on humanitarian ground they will work out something, wherein they can adjust your PL
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