rajhodabe
Can employer ask to employee to compulsory utilize their earned leave in specific period? If yes, so let me know under which act or rule?
From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
P-lekha-jacobs
Senior Hr Consultant
KK!HR
Management Consultancy
HR Professional
Retd Hr Professional
+1 Other

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KK!HR
1317

There is no rule or legal provision providing for an employer to instruct an industrial employee to be on leave, yet many employers do it. In Government service, there is a provision to send an employee on leave, but then the employee's leave is not affected.
From India, Mumbai
HR professional
5

Dear member,
As per factories Act, EL can be accumulated not more than 30 days in case of men and not more than 40 days in case of women employees. EL can be availed minimum of 3 days at a time and it can be availed not more than 3 occasions during the calendar year.
When an employee applied for EL and management refuses to sanction, in such circumstances. employee should allow to carry forward such EL for the next year.
Leave policy differs from company to company.
Most of the companies will give EL encashment every year to avoid financial burden in long run .
Management can formulate leave policy of its own
Pls refer, Maharastra Factories Rules for more information
Regards
Jagadeesh

From India, Bengaluru
umakanthan53
5885

Availing EL is the choice of the employee. If an employee fails to avail periodically, excess leave is going to expire automatically beyond the limit of accumulation. So the employer cannot compel in this regard.
From India, Salem
p-lekha-jacobs
46

Rajhodabe - your query relates to voluntary employer action to administer Earned Leaves (EL) for an employee.

The answer is a no. An employer cannot force/ direct an employee to utilize their ELs. It is completely an employee's choice to avail/ not avail any/ part of their leave balances.

However, an employer may encourage employees to take time off for their personal well-being, like vacations, etc.

In no case, an employee should be forced to exhaust their leave balances, in part or full. Also, when the employee departs from the organisation, such un-exhausted leave balance should be compensated for in their full and final settlement.

Thanks.

From India, Delhi

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