Understanding Leave Types and Their Pay: Can You Share Your Insights?

Dear all,

Good day. Could you please send me information about the types of leaves available and how they are paid?

Dear Santhya,

Provisions for different types of leaves are found in various labor enactments such as The Factories Act, 1948, The Maternity Benefit Act, 1961, State Shops & Commercial Establishment Act, and Industrial Establishment (National & Festival Holidays and Casual & Sick Leaves) Act. Please determine which Act is applicable to your unit. Payment provisions are also included in these Acts.

Regards,
R.N. Khola
Sr. Associate
Skylark Associates, Gurgaon

Dear,

Please make your query clearer as different acts have different provisions for leave, so you have to be specific.

Thanks,
JS Malik

Thank you very much, Mr. Mallik Ji and Mr. Khola Ji. I would like to know generally what are the different types of leaves available irrespective of laws, whenever they are applicable, what they mean, and how they are calculated. For example, CL, PL, EL, etc. A clear explanation would be highly appreciated.

Dear Friends,

I am working in a publishing company as an Executive-HR. My manager often asks me to draft letters on various subjects. I would like to know the best process for drafting letters. Are there any books or websites that can help me? Please assist me.

Seeking your cooperation.

Raj - 9871193291:-x

Hi Satya,

Generally, we have the following leaves and holidays available:

- Casual Leave (12-15 per year): For any kind of emergency at short notice. Maximum of 3 consecutive days.
- Sick Leave (12-15 per year): As the name suggests, in case the employee is medically unfit to come to the office on a particular day or for a few days. Medical bills and a doctor's letter should be taken from the employee in case of 3 or more consecutive sick leaves.
- Earned/Privilege Leaves (15-20 per year): These are long leaves generally 4 or more days and are generally taken once or twice a year. Must be applied for at least 20 working days in advance. Can be carried forward to the next year up to a maximum of 42 leaves.

Apart from the above, we have weekly offs and public holidays. Any other unapproved leaves are unpaid leaves.

Thanks

Dear Raj,

Basically, you should not interrupt in between and ask separately if you have any queries. We were discussing regarding leave, and you are asking about a book on drafting letters. You can refer to the book "Model Forms and Precedents" by HL Kumar. This book is related to letters concerning HR.

Thanks,
J S Malik

Dear Mr. Sumit,

Please specify the act properly. I am sorry if it hurts you. For privileged leave, for every 20 continuous working days, 1 day will be a holiday - it's a must. Apart from that, casual and sick leave will be according to your company policy. How can these both be bifurcated as per norms?

National and Festival holidays are a minimum of 9 days. More than that, the company's top management has to decide. Also, if we have to work on a holiday, we have to submit a letter duly signed by the employer and employee to the labor officer. For the same, the company has to provide extra salary for the employees. This is what I know. Let's get more comments.

Hi Vishaka,

No, it certainly didn't hurt me :)
My idea of writing that post was not to specify acts as it was already there in the thread. I wanted to respond to the query of Satya on what are the general types of leaves and holidays nowadays. So I gave him an idea of the same. However, the final figures shall be decided by the management or the company and the law of the land there only.

Thanks

What we practice at our company:

Casual leave - 7 per year
Medical leave - 10 per year
Earned leave - 15 per year.

Earned leave is acquired only after having worked with the company for one year. shijit.

Hi,

I would like to know more about the clarification done for paid leaves and unpaid leaves. Which leaves come under paid and which come under unpaid?

Regards,
Raghav

Hi Shijit,

Are you saying that the EL amount is processed after one year, or does EL eligibility start after one year? According to the act for EL, once a person has completed 180 working days, they become eligible for EL.

Dear Sathya,

Leaves entitlement in my company:
1. Earned Leaves (E.L.) / Privilege Leave (P.L.) - 20 Days in a Year
2. Casual Leave (C.L.) - 7 Days in a year
3. Sick Leave (S.L.) - 7 Days in a Year

Leaves can be accumulated for up to 50 days; however, after 50 days, they will lapse. There is no leave encashment in my company.

Regards,
Rashmi B

Dear Readers,

I need some clarification regarding the leave policy. My question is below: How many days will it be counted if I take leave on Thursday or Sunday? We have two days off (Friday and Saturday) on the weekend. Please, can anyone provide me with the rules?

Thank you,
Abu Saleh Yousuf

Hi Yousuf,

These offs will be called sandwiched offs, and they will be counted as leaves and not weekly offs. To avoid these sandwiched offs, you must be present either on the previous day (from your week offs) or the next day (from your week offs).

Please revert in case you need any clarifications.

Thanks

Dear Mr. Sumit,

I have a small query regarding the 'sandwiched offs' that you were referring to. If an employee takes leaves from Mon to Fri, Sat - Sun are their weekly offs. They will be back on Monday again. Should we consider the weekly offs as leave or should we not? Please clarify.

Regards,
Manjeera.

Dear friend,

Generally, companies follow the establishment act of that particular state. Leaves can be categorized into three categories: 1) CL, 2) SL, 3) EL, each with 12+12+12 days respectively. SL may be replaced with ESI. If the salary is beyond Rs. 10,000 monthly, SL slab may be applied. EL is applicable only after working continuously for a minimum period of 240 days. National Holidays, festival holidays (4+6), and weekly holidays are referred to as paid holidays or leave with wages. For women, there is maternity leave, the duration of which varies from state to state. This is what I know.

Thank you.

You are right, Vishaka.

But generally, what companies follow is the method of accrual. This is because practically no employees are allowed to take ELs before they complete 6 months with the organization. Till then, they keep on accruing the leaves after every completed month of their service.

Thanks

Hi Sathya,

We have these types of leaves in our organization. Please find below the list as per our leave policy. I hope this will be helpful for you.

1. Business Travel leave: Each employee can take this leave during their business-related travel. There is no limitation.
2. Compensatory leave: If any employee works on company holidays, they can register for this leave.
3. Earned leave: Employees will get 12 leaves in a calendar year.
4. Flexible leave: Employees will get 2 leaves in a calendar year.
5. Joining leave: If an employee is joining back from onsite (we are a US-based company), they can take a one-day joining leave.
6. Maternity leave: All women employees will get 90 days of ML.
7. Miscarriage leave: 45 days.
8. Restricted holiday: In our organization, we fix 4 days as RH. It depends on employees' choice which date they need to take leave. Out of these 4 days, they can avail only one RH.
9. Sick leave: In a calendar year, we provide 6 sick leaves.
10. Travel leave: This is based on travel hours. If an employee is traveling for below 24 hours, they will get one day of travel leave. If it's above 24 hours, they will get 3 days of travel leave in a calendar year.

Apart from the above, we have Weekly Offs and Public Holidays. Any other unapproved leaves are considered unpaid leaves.

Thanks,
Anoop

Hi Sathya,

We have these types of leaves in our organization. Please find below the list as per our leave policy. I hope this will help you.

1. Business Travel leave: Each employee can take this leave during their business-related travel. There is no limitation.
2. Compensatory leave: If any employee works on company holidays, they can register for this leave.
3. Earned leave: Employees will receive 12 leaves in a calendar year.
4. Flexible leave: Employees will receive 2 leaves in a calendar year.
5. Joining leave: If an employee is joining back from onsite (we are a US-based company), they can take one day joining leave.
6. Maternity leave: All women employees will get 90 days of ML.
7. Miscarriage leave: 45 days.
8. Restricted holiday: In our organization, we fix 4 days as RH. Employees can choose which date they want to take leave. They can avail only one RH out of the 4 fixed.
9. Sick leave: In a calendar year, we provide 6 sick leaves.
10. Travel leave: This is based on travel hours. If an employee is traveling for below 24 hours, they will get one day of travel leave. If it's above 24 hours, they will get 3 days of travel leave in a calendar year.

Apart from the above, we have Weekly Offs and Public Holidays. Any other unapproved leaves will be unpaid.

Thanks,
Anoop

Dear Mr. Sumit and Vishaka,

I truly appreciate your response. The information you provided regarding leaves is very helpful. I will draft accordingly.

Thanks once again.

Mr. Mallik ji, I have seen your threads. They are really useful, and others are doing great as well.

Thanks to Citehr.

Hey Sathya,

I am a student of HR and this is something I had prepared on the details of leaves in the context of laws. Hope you would find this attachment useful.

If an employee joined in the middle of the year and completed their probation period in the middle of the year, how many casual, earned, maternity leaves can we give them.

Can you please refer to any website to know about leaves legally.

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If an employee joined in the middle of the year and completed their probation period in the middle of the year, how many casual, earned, maternity leaves can we give them.

Can you please refer to any website to know about leaves legally?

You can allocate leaves based on the total number of days the employee will work in a specific year. For example, if 36 leaves are provided in a year and the leave calculation spans from March to April, and if an employee starts on September 15th, they will work for 6.5 months. Therefore, the employee would be entitled to 3 (leaves per month) * 6.5 (months) = 19.5 leaves. This calculation is done on a pro-rata basis.

Thanks

Dear Mr. Sumit,

I would like a small clarification regarding sandwiched offs. If an employee takes leave from Monday to the Friday of the following week (with Saturday and Sunday being the weekly off days) and then returns to the office on the following Monday, should we consider the weekly offs of the first week that fall between his leave as part of his leave entitlement or not?

Regards,
Chitra

Dear Chitra,

I believe you are a real HR professional. Your statements can be quite confusing, leading to confusion among others. Please specify your sentences very clearly and simply. For instance, how should we consider a person taking a 2-week leave (starting on Monday) with a weekly off in between (Saturday and Sunday)? These are known as sandwich offs.

My suggestion is to evaluate whether the individual is a true asset to our company before making a decision. Otherwise, it may be prudent to adhere strictly to the leave policy and consider the sandwich off days as part of the leave.

If sandwich offs are not treated as leave, it may lead to all employees exploiting this loophole. HR's role is to prioritize 51% for the company's interest and the remaining 49% for the employees' welfare.

Kind regards

Dear Vishaka,

I am really sorry if I was confusing you, but you understood my point correctly. I appreciate your correction and thank you for your suggestion.

Regards,

Chitra

Dear Chitra,

What I said is not to ask you to be sorry. It's a matter of corrective action. When I was a fresher, I may have made the same mistake. The only thing is to make our communication very clear because wherever we go, politics is there. Am I right, Sumit? Be careful while conveying.

Thank you.

Hi,

I have a doubt: how many sick leaves are there and how do I calculate it? Could anybody please help me with this? Also, I need help with calculating PL.

Thank you.

Basic rule on leave: please do not get confused with reading articles; instead, read the law pertaining to your sector.

Factories Act:

Every 20 days worked by an employee earns 1 day of leave, and every 15 days worked by a child earns 1 day of leave.

To be eligible for leave, one must have completed 240 days in a company. The 240 days calculation includes leave due to annual maintenance, maternity leave not exceeding 12 weeks, and legal strikes. If any employee takes leave before earning it, it will be deducted from the 240 days, and they will not earn that leave later.

Paid Leave: minimum 18 days, maximum depends on company management.

Casual Leave/Sick Leave: total minimum of 12 days if the company operates 6 days a week.

Public Holidays: minimum 10 days.

Maternity leave is as per the rule, which is 12 weeks.

Compensatory off is provided for worked leave days. If worked on a public holiday, 2 compensatory offs are allowed.

The remaining policies depend on the company to decide the maximum limit to keep employees happy. Some companies offer Saturday off, some offer the second Saturday off, some provide paternity leave, optional holidays, etc.

I hope this clarifies the information.

Regards, Sanjeev