Can Loss of Pay be regarded as leave like earned leave/casual leave? - CiteHR
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Dear Sir, Can Loss of Pay be regarded as leave like earned leave,casual leave and medical leaves ?
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It is the same as LWP (Leave Without Pay). Hope the above brief answer suffices your query. Who are you ?? An HR, an employee or a student ?? And what is the purpose of asking this question ??
You have not mentioned the reasons for applying and/or granting the Leave on Loss of Pay. If the LLP is on meducal grounds, then it can be treated for continuous service. If it is on other grounds, then if the period exceeds 30 days continuously, treated as break in service. If the perid of absence exceeds one year then the person is deemed to have been terminated from service. You have to frame rules in advance for protecting your interests.
R P Ramanathan, Advocate 09994675721
LWP(leave without pay ) is not like EL,CL which are leaves with pay. Varghese Mathew
Dear friend,
Others have explained in detail. You may pl.note 'Loss of Pay' leave is not ordinarily granted. Only on special circumstances such leave is granted when an employee doesn't have any other leave like CL, EL, SL/ML in the credit of his leave a/c. In some establishments, especially in Govt./PSU it's known as 'Extra-ordinary' or 'LWP' leave. As it sounds it's an authorised leave under the special circumstances on medical grounds, or for higher studies etc. Whether it will be considered for computing 'Continuous service' or not depends on one's Leave policy and on such grounds. And when the employee is absenting without approval of any kind of leave then he/she will be considered as absent and earns NO Pay apart from subjected to disciplinary action. Many establishment's leave policy will define what is 'Loss of Pay' leave and under what circumstances and maximum period that could be allowed and other stipulations.
EL,SL,PL etc are granted based on the company's policy for an employee to enjoy thier leave with wages. But Loss of pay is something different which is like "no work no pay clause", an employee has taken leave with no leave balance will be considered as LOP./LWP. Even uninformed leave could be considered as LOP inspite of having leave balance.
Dear Sir,
Loss of Pay Leave is not there anywhere in the Labour Acts. But in the Factories, whenever they are not having production activity, during certain period, the employed persons instead of coming to duty without any process work, they will put loss of pay leave to look after their personal works. The management will also allow such leave during that time liberally.
Normally after exhausting the paid leaves such as CL and Earned Leaves,S.L, the employees will avail this leave without pay leave with the permission of management. The system varies from one factory to another
HR & IR Consultant
LWP is never treated like authorized leave - Earned Leave, Sick/Medical leave or Casual leave. It is allowed only in case there is no leave due to the credit of the employee concerned and the circumstances are so vital which have to be looked after and for which LWP is the only way. In some organizations, LWP is treated as break in service, i.e., the period of LWP is deducted from the total period of service rendered with that company. A record of it is maintained in personal file of employee concerned. This affects the amount of Gratuity at the time of retirement/ superannuation. It reveals a bad impression about regularity of employee. So on & so forth, hence should be avoided to the very best efforts.
AK Jain
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