Leave Management [Thread 550673] - CiteHR
Adoni Suguresh
Sr.executive (per & Adm)
Hr / Ir

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Hi, I am working in small IT company as HR, Here our leave tenure period is From January to December. A new employee has been join us from June till confirmation period he can't take advantage of PL but per month 1 Pl credited to his account to till his six month. He completed his probation period in December only. And we should not encasement of leave nor we carry forward the leave. Then how can he can take the advantage of his credited leave because december is last month of of our leave tenure so How should i deal with this things??
Waiting for a Urgent Response
Rashmika Patel

Whenever such policies are decided for a company, even related circumstances needs to be brain stormed and decided so that such instances are well addressed with a pre-defined policy. Now it is not clear from your question whether he has just 1 paid leave through out 6 months or 1 paid leave/month during his probation period.

In my suggestion, (assuming that he has 6 accrued but unused leaves in his kitty) it wouldn't be great if you decide to lapse these leaves because this employee has been sincere to his work (again assuming since not clear through your question) make a policy that you either convey the policy of lapse of leaves, accrued but unused during probation period, to the new joinees at the time of induction itself. Also specify clause of utilizing such leaves.

However, how you want to deal with this can be decided by you and your senior management but needs to documented as a policy to avoid such issues and you have a solution handy. Employee manual is HR's holy book! and insist on having one.

Either let him use all the 6 leaves (in good faith that he has been sincere through out his probation period and the fact there was no intimation of leaves lapsing at the end of the year and no such encashment or carrying forward of leaves are granted) or atleast talk to the seniors regarding granting him certain numbers of paid leaves before end of December.
It is obvious that this issue was not addressed by the department in the month of December until now in January when this employee has come to you applying for his leaves, correct?
Such instances should always be well thought of at the time of policy formation itself. It will be now difficult to address this employee and he is not at fault because management had not informed him about lapsing of leaves. This would not reflect good where as employee welfare is concerned either.

Leave - PL is credited only after completion of 240 Days as per Factories Act / Shop & Est Act , If I am not wrong.Than why to calculate & info Employee in Advance,.After Completion of Probation period as per Pro rata Basis PL should be Credited .

I do not understand why the contributing members are discriminating the leave policies and leave rules. It is veryclearly mentioned in all the acts and rules including factory act, Shops & ComEst.act etc The eligibility of PL or EL is subject to completion of 240 working days in a calendar month. Then the employee is entitled for 1 PL on every 20 days. I think up to here it is clear.

Whoever joins the company or est in the middle of the year, to get the benefit of eligible of PL or EL he should complete the two third of working days from the date of his joining till 31st December. Calculation or eligibility of leave will be the same as mention ed above Here completion of 240 working days not applicable he may join any time from Jan to Dec. The accrued leave shall be credited to his leave account in the succeeding year. This either can be paid as Leave wages or leave with wages along with the salary as per company's policy.. This is the normal practice and no one is authorized to against this.

Even some companies are liberally allow the leave for ex 1 day for every twelve days or 30 days in lump sum but whatever it may be the basic entitlement criteria shall be same.

Adoni Suguresh

Labour Laws Consultant

This is in continuation of my post, the question of un availed PL, which can be accumulated up to 30 days. All the PL or EL should be made available in the succeeding year of new employee and not at the end of the beginning of the year.This eligibility of leave is applicable to all irrespective of new probationer or old confirmed employees and no deviation in method of calculation, as this is the statutory leave benefits to the employees.. But the Company has the discretion in allowing the Casual and sick leave and every company has its own rules policy other than statutory leaves which cannot make compulsory to every company.
Adoni Suguresh
Labour Laws Consultant

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