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1. If any company do not provide any leave throughout the year to employees and pay the leave salary once in a year, is that ok? If an employer deduct the absenteeism on every month then is it mandatory to pay the the leave salary?
2. if any employer do not provide leave (other than weekly off and public holidays) to probationers for first 6 months of joining, then after completion of probation period are the employees eligible for leave of their probation period as leave salary for that period?
3. what is the ideal time for paying leave salary amount to employees? April or January or any time of the year?
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I do not think it is mandatory for the employer to pay wages for the lapsed leave at the end of the year. However, no employer can restrict any employee to avail his leave as entitled to. Only thing is that the authority to sanction the leave to an employee is vested with the employer. Accordingly, the employer can sanction the applied leave of an employee depending upon the exigencies of work or considering the genuinity of the reason for the leave sought for. If an employer decides to pay wages for the lapsed leave, it can be done either forth week of January or in February of every year, as the it is being availed by an employee during the calander year.
Thanks & regards,
V Sridhar
Your Queries :-1. If any company do not provide any leave throughout the year to employees and pay the leave salary once in a year, is that ok ? If an employer deduct the absenteeism on every month then is it mandatory to pay the the leave salary?

2. if any employer do not provide leave (other than weekly off and public holidays) to probationers for first 6 months of joining, then after completion of probation period are the employees eligible for leave of their probation period as leave salary for that period?

3. what is the ideal time for paying leave salary amount to employees? April or January or any time of the year?

Position:- 1. Any Employee who has earned (qualified on fulfillment of Service Conditions) Leave and applies as per laid down procedures and in the prescribed Forms/Format to avail any part of Earned and other Admissible Leave ( including Holidays) can not be lawfully denied such availment of Leave Applied For UNLESS the Leave Applied for can not be sanctioned/approved due to Exigencies of Work. In such events/situations, the Leave Due and Applied for will have to be carried forward Strictly in accordance with Statutory Provisions of either Factories Act and he Rules or the Shops & Establishment Act and the Rules or the Service Rules framed by Govt for their Employees.

Grant of Leave can not be ARBITRARY.. Further, Encashment of Unavailed Leave Due has to be within the Statute and Income Tax Laws applicable. Encashment of Unavailed Leave is also Not Arbitrary.

2. Probationers are also governed by the above mentioned Acts and the Rules. In case, National Holidays fall during Probationary Period, the Probationer can not be denied such Leave with Full Wages or a Compensatory Leave. Probationers are Employed against Permanent Sanctioned Posts and the Probationary Period including Extended Probationary Period will be accounted for computing Leave Eligibility.

3. According to past Precedents, Establishments allow Encashment of Leave up to the Admissible Limits in next Calendar Year for the preceding Calendar Year before IT Payments Dues are calculated and shortfall adjusted in installments.

Kritarth Advisory Team & Management Guide

Kritarth Consulting Pvt. Ltd

Kritarth Consulting Private Limited

Bengaluru, Delhi NCR, Pune, Jamshedpur

October 28, 2014, 1.30 pm
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