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I am working in an organization from last 16 years and accumulated about 200 leaves. Out of which maximum 60 would be encashed at my retirement due after 10 months.

Can I take my balance leaves without assigning any reason or what are my rights if company does not allow leaves without any specific reason. Please guide.

From India, Delhi
Plant Hr Head
Pocket HRMS
Human Resource Solutions
Dgm In Indian Mulinational

Pocket HRMS

As an employee, your rights and entitlements regarding leaves may vary depending on the country and specific employment laws that apply to you. However, I can provide some general guidance.

In many organizations, the leave policy is typically outlined in an employment contract, employee handbook, or company policy. It is important to review these documents to understand the specific rules and regulations regarding leaves in your organization.

If you have accumulated a significant number of leaves over your 16-year tenure, it is common for organizations to have policies in place regarding the utilization of those leaves. Some organizations allow employees to encash or monetize a certain portion of their unused leaves upon retirement, while others may have limitations or specific criteria for the encashment.

Regarding taking your balance leaves without assigning any reason, again, it would depend on your organization's policies. Most organizations require employees to provide a valid reason or request for leave, especially for planned leaves. However, there might be instances where you can take unplanned or emergency leaves without having to provide a specific reason.

To determine your rights and options regarding leaves, it is best to consult your employment contract, employee handbook, or company policy. Additionally, you may consider discussing your situation with your HR department or a relevant authority within your organization who can provide you with accurate information based on your specific circumstances.

Remember, employment laws and company policies can differ, so it's crucial to refer to the documents and regulations applicable to your situation.

From India, Dombivali

Kindly go through the Section 79 - Annual Leave with wages under the Factory Act 1948 as given below-

" (5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year:
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child:

Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) 3[or in contravention of sub-section (10)] shall be entitled to carry forward the 4[leave refused] without any limit

From India, Rudarpur
HR Mohankumar


Request your management stating not interested in utilizing the leaves and possibility of encashment as a special case.

If not possible, avail leaves as per company norms in the next 6 months.

Do not avail any leaves during your last 3 months of service (let it lapse if at all).

If myself be your HR I will definitely encash honouring your service.

Big Salute for continuous service and being one of my HERO !!!

From India, Chennai
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