How is the leave policy of US recruitment companies in India - CiteHR
Labour Law & Hr Consultant
Ankita S.
Sr. Hr Executive

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Hi, I'm currently working with one of the US recruitment company based in India, So i want to introduce a Leave Policy here for Indian employees in India. Please suggest me how much PL, CL, SL are credited.
Ankita S

Rules of Leave Management
1. All employees/consultants are entitled to the following paid leaves during the course of year from January to December.
• Privilege Leave (PL) – Employees/Consultants are entitled to 21 days of privilege leave. ( at the rate of 1.75 leave for the period of one month working which includes CL and SL but not Leave Without Pay)These leave will be earned and added every month for each employee. Continuous employment of twelve months privilege leave of __ days with full pay, But PL will be sanction proportionate to his period of employment in current year. During the period of twelve months sickness, accident, declared holidays and sanctioned leave will be treated as continuous employment. In a year one has to minimum one lot of 10 PL and rest can be shorter. Unused PL’s will be carried forward to the next year as per company rules and regulations. For the accumulated leave before lapses will be informed one month in advance in writing. He/She will be required to inform to the immediate supervisor for his/her intention to go on leave and also provide information about which part of the year he would like to avail leave. If he/she has not informed well in advance as required and not utilized his/her leave he/she will not be entitle for the in excess of __ The employee/consultant is entitled to receive basic pay for unused privileged leave over __ days. Employees can accumulate privilege leave up to a maximum of __ days. All leave in excess of 42 will be lapsed, However at the end of 3 years of service employee is entitled to receive basic pay for the unused PL leaves.
• Sick Leave (SL) – Employees/Consultants are entitled to 7 days of Sick leave per year. This leaves have to be utilized with in one year and will not be carried forward to the next fiscal year. Such leave for more than 2 days need to be supported by certificate from Valid Medical Professional ( Doctor).
• Casual Leave – Employees/Consultants are entitled to 7 days of Casual leave. This leaves have to be utilized with in one year and will not be carried forward to the next fiscal year. One can avail maximum 3 such leave simultaneously.
2. All Apprentices are entitled to 12 CL & 15 ML during their Apprenticeship. Apprentices are not entitled to any PL.
3. Clubbing of leave with PL and CL or CL and SL is not permitted
4. All the holidays and weekly off between start date and end date of leave will be treated as leave.
5. All employees/consultants/apprentice should inform their immediate managers regarding their utilizing PL and CL at least 15 days in advance if they are going on leave for more than 3 days, so that proper workload management is planned by the authority. In case of Sick Leave employees should inform their immediate managers about the number of days they will not be able to come to work and should regularly update them if the sickness prolongs than expected.
6. In the normal circumstances, no leave is to be availed during the period of probation. However, in case there are valid reasons requiring employee to be on leave on account of personal exigencies or sickness, the same may be sanctioned on pro rata basis by the concerned supervisor.
7. An employee who has completed 2 years with the organization can avail 12 weeks of Maternity leave for her 1st child. In case of any illness or complications arising out of pregnancy, the employee is entitled to a maximum of One month leave over and above the 12 weeks of Maternity leave on producing required Medical Certificates. In case of delivery of the 2nd child, the employee can avail 12 weeks of Maternity leave but it will be treated as “Leave Without Pay”.
8. Employees/Consultant/Apprentice are suppose to apply for leave through application form as per Form No XXXX
9. Employees/Consultants/Apprentice will be given Leave Application Card, which has to be filled prior to or immediately after taking a leave. This Leave Application Card has to be up to date, as it has to be submitted to HR Department for Monthly Salary Processing.
10. Any employee/consultant/apprentice who is on leave without informing his supervisor for more than 3 days will be treated as a termination case.
11. Any employee/consultant/apprentice who is late to office for more than 3 times in a month, it will be treated as half day PL or “Leave Without Pay” in absence of PL
12. In/Out Register has to be signed while leaving office during office hours for personal/official work.
13. Any person who is out of office for more than 4 hours in a day for any personal work, it will be considered as half day for him/her.

Dear Ankita,
In short, any foreign company having its operations in India has to comply with the provisions of Indian Labor Laws in respect of employees recruited from India for its operations in India. Therefore, your leave policy has to be formulated in tune with the establishment-specific Labour Law applicable to the company. I think Maheswaran has dealt with it exhaustively.

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