As per Section 25 of the the Tamil Nadu shops and Establishments Act, 1947, Every person employed in any establishment shall also be entitled during his first twelve months of continuous service after the commencement of this Act, and during every subsequent twelve months of such service, (a) to leave with wages for a period not exceeding 12 days, on the ground of any sickness incurred or accident sustained by him and (b) to casual leave with
wages for a period not exceeding 12 days on any reasonable ground.
My question is, leave with wages for a period of 12 days implies 1 day leave in a month or more than 1 day leave that is 4-5 days or even 10 days can be taken in a month. In case only 1 day leave in a month, then in case of more than 1 day leave taken, will it be considered Loss of pay?
Thank You in advance.
CS Surabhi Sharma
From India, Mysore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Shyamal Kishore Mishra
Manager Compliance Roorkee
KK!HRThere is no requirement that the pro rata leave earned has to be availed that month itself. Depending on operational requirements the availing of leave can be regulated, for instance, many organisations do not allow more than five days CL at a time. Also many organisations do not allow CL in excess of the pro rata calculation based on period of service completed. For ex., on completion of six months employee will get only 6 days leave and not more than that. All this has to be made clear in the leave policy of the organisation.
From India, Mumbai
Shyamal kishore MishraMy query is whether CL and SL is added per month on pro rata basis or all amount of leave in the beginning of the year ?
secondly CL SL and PL be added in the beginning of the month of end of the month?
Please substantiate with Rules if any?
thanks and regards
From India, Meerut
KK!HRThere is no hard and fast rule in this matter, there are different practices. The general principle is that leave is earned, that means it accrues after the required service is put in. But many progressive organisations add leave due for the next 6 months/1 year in advance, and there are instances where the employee avails all leave for the year in the first few months and then does not complete the required service period, leading to recoveries on this account and other unpleasantness.
You can take a call based on these factors and take a decision in organisational interest. To keep the matter simple, the advice is to allow advance credit of the whole CL at the beginning of the year with a condition that not more than 50% of it can be availed in the first six months and all the other types of leave can be credited in advance as per six-month entitlement.
From India, Mumbai