Labour Law & Hr Consultant
Kritarth Consulting
Posh Programs; Hr Management Consultants
+2 Others

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Hi All,
Wanted to check if it is a mandate to have both Casual/ Sick Leave and Earned Leaves. We have decided to have 30 leaves in a year but do not want to classify them under separate heads. Will this have any kind of legal implication?
Would appreciate your inputs on this.

From India, Mumbai
Dear Shikha,
You have to bifurcate all 30 leave in different heads like (CL, SL & EL).
Yes, it is a legal implication, you need to describe in your's company standing order.
Sandeep sharma

From United Arab Emirates, Dubai
The purpose of availing / granting Leave to Employed Persons are manifold. For instance Earned Leave or Privilege Leave is o completion of Minimum Qaulifying period of Work and or proportionately thereof availed for rest and recuperation / annual break to attend to personal work etc whereas Sick Leave is to cover the Period of authorised Absence from Duty on account of Medical Unfitness for duty duly certified / supported by a valid Certificate issued by a Medical Practioner or Civil Asst Surgeon. Casual Leave, on he other hand is availed to attend to unforseen event/situation. That is the reason the Laws prescribed certain Norms in our Society. Trust the distinction is understood.
Harsh K Sharan
Kritarth Team, Bengaluru Office, 5.10.15

From India, Delhi
Legal implication of leaves is Factories Act if yours is a factory and your states Shops and commercial establishment Act if yours is not a factory or plantation or mine.
From India, Thiruvananthapuram
Dear Shika,
Certainly such a practice will tantamount to wilful non-compliance or contravention of the leave provisions of the Labour Law applicable to your establishment about which, though there is no mention in your post. I think the reply of Harsh k Sharan clearly brings out the purpose behind the classification of leave allowed to the employees. Besides, certain type of leave like E.L or P.L has surrender value of encashment for its unavailed portion at the time of normal termination of employment thereby forming part of terminal benefits. Leave, being one among the conditions of service, should be devised in the leave policy of the establishment strictly in accordance with the leave provisions of the Law applicable to your establishment in respect of all aspects like classification, accumulation etc. Of course, you can bestow your employees with more leave benefits than the legal stipulations but not less in any manner.

From India, Salem
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