John Varghese

Hello, I am preparing a leave policy for an IT company in Kerala. As per Kerala Shops and Commercial Establishments act, an employee is eligible for 12 Sick Leaves, 12 Earn Leaves and 12 Casual Leaves. For an employee who is joining/leaving the company during the middle of a year, can I calculate the leave on a pro-rata basis?
For example, if an employee is joining on June 1st, how many SL / CL is he/she eligible for? Is it 12 + 12 or 6 + 6?
Also, on January next year, is his EL balance 6 or 12?

From India, Kottayam

Hi John,
Leave as per eligibility can be considered on pro-rata basis. Especially when it's required on medical grounds supported by MC it's difficult to deny. Moreover social benefit measures under labour laws are minimum every employer should ensure and there is no bar in laws if much more is extended. Nothing illegal as you are proposing. It's 6 + 6 by the end of Dec. which shall be the balance.

From India, Bangalore
John Varghese

Thank you, Kumar, for your answer.
From India, Kottayam

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