Labour Consultant
Compliance Manager
Avinash Pathak
Dy. Manager - Hr (raymond Group Of Co)
+1 Other

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Employees are entitle for 15 days Casual cum Sick Leave in a calendar year, however, if any employee availed the entire leave in first 2 months of calendar year & left the organisation then in that case which formula will be appropriate from the following while doing the full & final settlement
1) Adjust the excess availed leave from his earned leave i.e. Privilege Leave or
2) After considering his pro-rata leave eligibility remaining excess availed leave need to considered as a LOP which can be deducted on monthly gross salary while doing the full & final settlement.
Seek your views.

From India, Thane
Hi Avinash,
Employees are eligible to avail 15 leaves (CL & SL) for a period of 12 months and if any employee avails more than his eligibility the orgnaization is having every right to deduct the amount to the extent of the excess leaves availed.
The deduction part is equivalent to the amount paid in case he avails leave while he was on the roles.
This differs organization to organization in some organizations they will adjust against the EL & some organizations they will deduct. Totally depends on their leave rules / policy or practice.

From India, Hyderabad
Casual leave you may adjust with the available earned leaves but not sick. It is not necessary for anyone to fall sick in a particular period or for the sick leave to be spread out throughout the year. It may occur anytime and so that cannot be adjusted. Casual leave can be taken on pro rata basis and excess adjusted with the leaves and if they are not available you may treat as LoP. You may have to check what was the purpose of leave when availed to make sure that you are on the right path.
From India, Hyderabad
Dear Avinash,
Any leave is proportionate, whether CL, SL or PL and you have every right to deduct the excess paid leaves. Now the question is whether to treat the same as LOP then the answer is no because you might have paid employer's contribution to PF/ESI etc. which may not be possible for you to recover or adjust in respective accounts.
As regards to adjustment of sick leave from his PL, you can do it provided he makes written application alongwith medical certificate to adjust the same against his due PL.
If you are in a position to recover the employer's contribution to PF & ESI which you paid to respective authorities, you may recover from his F&F settlement by showing his CL/SL as LOP and pay him full amount of his balance PL encashment due to him.
Choice is yours and your Company Policy. You will not be doing any injustice to the employee by recovering the excess paid amount on his behalf.

From India, Thane
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