Dear All, As a general practice followed in organizations, carried forwarding is permitted only in case of Sick Leaves (SL) or Privilege/Earned Leave (AL/PL/EL). As a normal practice, Casual leave should not be considered for carried forward, These are leaves employee has to avail in order to meet personal commitment or emergencies. Unavailed portion of CL shall automatically expire at the end of year.

But if the company provides PL, can the name of PL balance be changed to Special sick leave for the next year?

My question is , Is it valid to change the name of Privileged Leave balance on 31st December of one year can become Special Sick Leave on 1st Jan of very next year?

An organisation made such decision and further made policies to make that PL balance lapse in next 90 days which is already
"renamed" as Special sick leave due to such invalid decision making.

My question is can PL leave balanced be renamed in any name as it contains monetary value to employee?

Regards

From India, Lucknow
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Shomil Jain
Officer Private Company Insurance Sector

Dear Shomil,

The logic behind such name change evades the understanding of people like me. If you explain how the same name like EL/PL/ALWW is going to remove the monetary value attached to it, it would be better.

In the matter of compliance with the legal provisions of any law by the employer, in my opinion, changing the nomenclature of the statutory benefits according to his own fanciful imagination will not serve any useful purpose but lead to unnecessary confusion only.

If the admissible leave balance at credit has a statutory ceiling, it automatically remains the same despite the periodical carry over. The employer has no right to declare such constant balance lapsed even despite of its unauthorised/ illegal name change. The provision for the encashment of such leave balance still remains at large on the occasion of termination of employment of the employee.

From India, Salem
Dear Shomil Jain,

You have raised the query on the employee leave, however, you have not mentioned whether provisions of the "Shops and Establishment Act" or "Factory Act" are applicable to your company.

I recommend you strictly following the provisions of the act of your state as applicable to your company. Keep the nomenclature of the leave also the same without changing the title. You may grant leave with the title of your choice over and above the act demands.

Thanks,

Dinesh Divekar

From India, Bangalore

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