Employee on Extended Sick Leave: Should It Be Considered Leave Without Pay?

Dear All,

This is with respect to one of the employees going on leave for 3 weeks due to illness, whereas the total number of leaves constituting CL, SL, and EL is 24.
May I please request if such leave be taken as leave without pay? Your suggestions are truly sought.

Thanks all and cheers.

Dear Sir,

If an employee avails more leaves than what he has been provided (e.g., 15 EL, 4 CL, and 4 SL), how will the bifurcation be allotted if he/she has availed, let's say, 30 leaves? It must be 15 EL (plus 4 SL if he is sick) with no CL accounted for, since we assume him not to be taking more than 2 CL continuously.

In another instance, if an employee is sick and joins after 3 months, will his leaves be exhausted first, or will he not be provided with salary for the days he has been absent?

Thanks and Regards,

Dear Karthiken,

If I'm not wrong, you are trying to say one of your employees is on leave for 3 weeks. According to your leave policy - CL, SL, PL - 24.

My first query is, is he eligible for the same? If he is not, then you can consider it leave without pay. If he is eligible, then you have to go through your leave policy because anything above 24 is considered leave without pay as per your policy. To avail of such leave, one has to be present for that number of days; then only can he avail it. However, you cannot combine SL, CL with PL.

Please review your policy and consider treating it as LWP.

Regards,
Vipin

Thank you for your message. Here is the corrected version of your input:

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Thanks, I got the point... It is like this - an employee is severely ill for 3 months and recuperating. If under the leave policy, he avails only CL and EL (EL if applicable to him); else, the leaves are treated as LWP if in cases where he exhausts the same or he is not under the leave policy.

Thanks, but beyond this - if he is taking time to join and this is affecting the organization's manufacturing or other related processes, and the organization wants someone to replace him, can he be terminated from the job? If yes, are there additional benefits provided to him upon termination?

Regards

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I have corrected the spelling, grammar, and formatting errors in your message. Let me know if you need further assistance.

Dear Karthike,

In that case, you can add one clause in your leave policy or in the code of conduct. If the employee is on leave for more than six months consecutively, then he will be automatically terminated.

In this scenario, you have to determine if the employee is permanent/regular. Ideally, you should look for a temporary replacement. If an employee is in the probation period, you can proceed with termination because it is not beneficial from the viewpoint of both parties. Please always consider employee benefits.

Regards,
Vipin

If someone asks you about your expected salary, you will quote twice your current salary. However, from reading your question, one cannot understand what bothers you the most in this.

3 weeks means 21 days, and the leave balance is 24 days.

Casual Leave (CL) is granted for meeting contingency nature without prior intimation, not exceeding 3 days. Sick Leave (SL) is granted for sickness with certification beyond 2 days of absence.

Earned leaves (EL) are paid leaves for annual vacation or employee recreation but are restricted not to be taken in conjunction with CL or SL. This aligns with the majority of companies' practices in India.

You did not specify how many CL, SL, and EL, and what bothers you to adjust.

Of course, it's unpaid leave if outside policy constraint.

Hello, Llaren, Badlu, and Ravi. Thank you for the advice. I will surely implement and amend the existing policy to benefit and make employees clear of the same.

Thanks once again.

Hi all,

In addition to the above, please inform if the leaves are to be considered at financial year-end. How are they processed? For example, by the 25th of the month, the leaves availed are considered for treatment in salary. So, how will EL be considered for encashment purposes? The 25th is crucial as by that time, the salary department starts processing the employees' salaries.

Regards,
Kart

Hello all,

In extension of the leave policy and slightly moving to a more complex level of the same, please advise: if EL is 15, SL and CL are 5 each. Now, if the employee has exhausted his/her SL and becomes sick, will this SL be compensated in EL (if I am correct)? My query is, once all 5 SL are exhausted, will the same leave go into LWP or EL? Also, is the employee entitled to take leave approval, or does leave approval impact how the leaves are treated in LWP or EL?

Kindly advise.

Thanks with regards.