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Our Organization is a Society located in Gurgaon (Haryana) registered under the Societies Registration Act and is also registered under the Punjab & Haryana Shops & Establishments Act.
Under our establishment's Leave Rules, an Employee is entitled to following leaves :
EL: 15 Days
CL: 12 Days
National/Regional Holidays : 10 Days
As per Leave Rules, EL & CL cannot be clubbed & CL cannot be availed for more than 2 days. 1 day EL & 1 day CL is credited to employee's account at the beginning of each Month. Balance 3 EL are credited as 1 day EL for months of Oct, Nov & Dec.
Can anyone plz advise if Deduction of Pay will be applicable in the following example :
a) An Employee has 4 days EL & 3 days CL due to him.
b) He takes EL Leave for 4 Days but joins after 6 days.
Question : Should I deduct 2 day's Salary from his Pay (as excess EL availed) or can the excess leave be adjusted against CL leave balance ? Now, the Rules say that EL & CL cannot be clubbed together.
Can any of our learned members provide an answer ASAP.

From India, Gurgaon
Dear Friend,
As your leave rules specifically speaks that EL & CL can not be clubbed so any additional absence over and above the eligible leave is an absence hence you can deduct the salary for the extra 2 days availed.

From India, Hyderabad
Thanks friend Kamesh 333.
One other related question plz:
Although the Punjab & Haryana Shops & Establishments Act stipulates that un-availed EL leaves can be carried forward into next year (upto 40 days Max, I think) , our Management has ruled this out saying that "these are guidelines only, an establishment can choose to follow or not to follow these rules as it is not a Government organization".
Is this stand correct ?
Bhaskar J. Roy

From India, Gurgaon
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