Hi, If an employee has a leave balance of 10 days and has taken unauthorized leave of 5 days, will this leave without pay or with pay? Is there any specific law or it is at the discretion of the organization? Thanks, Ratna
From India, Kolkata
Hr Manager
Ceo-usd Hr Solutions
Management Consultancy

Whether the leave will be authorized or unauthorized will be decided by the Management not by the employee. Usually unauthorized absenteeism is considered as without pay.
In this case the employee has 10 days leave in his balance at the same time how the 5 days leave is unauthorized ? If there is specific reason- has management issued him letter stating the reason for unauthorized leave? If not then it is bad in law.
If the employee has taken leave without sanction or any intimation, better to issue him one strong advisory letter & convert the leave as authorized with pay to resolve the matter. If there is any serious matter, then please issue one letter stating the fact and reason for unauthorized leave without pay.
S K Bandyopadhyay ( WB, Howrah )


From India, New Delhi

It is settled position of law that leave is not a matter of right but sanction of leave is at the discretion of the organisation. Where the grounds are genuine and you are satisfied, the leave can be sanctioned as the employee has 10 days leave to his credit. What is to be frowned upon is not the need for periodical leave but why the employee is unable to timely inform the sudden requirement to the controlling boss and others. It would be better to give a clear message in this regard in such individual cases.
From India, Mumbai
Ideally, leaves should never be unsanctioned.
From India, Kolkata

Leaves given to employees by employer are meant to avail leave for attending his personal commitments, domestic requirement and / or sickness, without losing any salary to him so that he can be at ease.
If leaves are not sanctioned, then it is the mistake of employer and absence of healthy employee-employer relations.
In the given post, you may call the concerned employee and give a verbal/written warning to
refrain from such acts with a clear indication that recurrence of such or similar acts shall render himself liable for disciplinary action and his absence period shall be treated as loss of pay

From India, Aizawl

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