Dear Sir
one of my employee is on holiday due to his mother died and his leaves are nill but he is demanding advance leaves. is there any provision in law, we give him advance EL and how we will deduct these leaves in future

From India, Pune
Hr Manager
Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Raj Bhagwat
Deputy Manager - Hr
+1 Other

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No provision in law. But in companies, where situation warrants, in the absence of no other leaves, management can approve advance EL which shall be debited to his PL account, as soon as the PL is accrued by him after one year of service. In case the person leaves the company before the said term of one year service, proportionate LOP may be effected in his final settlement, equivalent to
number of PL/EL, so advanced to him

From India, Aizawl
Thanks Sir, I am very thankful to your quick responde
From India, Pune
Nagarkar Vinayak L

Dear colleague,
Mr Rkn has correctly advised you .
I want to just add a point for discussion. Whatever is legally due, HR must comply. But there are many such situations an employee has to face where going beyond legal entitlement is called for such as advance leave in case of mother's death.
Such situations call for human touch and HR should bat for the employee by going beyond limiting legalistic stand. Immediately, what can hold our decision is the ghost of creating precedent. In my view , we should not hesitate to create such good precedent s if it is going to help cement good Employer- Employee Relations.
What is your take on this?
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Raj Bhagwat
Dear Colleague
I am agree with the advise as we are also providing advance leave to employees in case of emergencies with prior approval of his head of department & same will be debited as and when the PL is credited to his accounts.
If he left the employment in between the said leave can be recovered from his legal dues.
Raj Bhagwat
Dy. Manager - HR

From India, Kalyan

Dear Seniors, While I am in total agreement with all that has been shared in this particular link, I would like to place something just for academic knowledge.
1. The term Earned leave itself implies that it is accrued in proportion of the total number of days of work by an employee-leave is earned. This will be eligible to be en-cashed if not availed by the employee.
2. The term Privilege Leave is little different in as much as it becomes a privilege offered the staff. Unavailed PL can not generally be en-cashed.
In this case, granting advance EL will deprive the staff of his/her eligibility of enjoying full credit of EL for the subsequent year, which will dilute the effort of the consideration shown.
If not too long, the Management shall consider treating such leave to the benefit of the staff, since it is a genuine case of bereavement.

From India, Chennai

advance EL means maximum 12-14 days salary, not more than it, but HR duty is to make liaison between employee and employer, So it is role of HR to check the past records and ensure that this out of course facility is not going to be misused.
Depending on the employee-employer past relationships, the management can make suitable equivalent advance half month salary in place of advance EL, which would get adjusted from forthcoming salary

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