How Can I Grant a 9-Day Leave to a Probationary Employee with Limited Leave Options?

:mrgreen: :-? :-? ... I have a problem pertaining to comp. off... hope any of seniors could come to my rescue :-

I have a Workman who joined in March (still on probation). He hasn't taken even a single day off yet, but now he is saying that in order to go to his hometown, he wants to take leaves in September for "9" days altogether...

He is eligible only for either CL or SL (which are 6 each for him since he joined mid-year). However, he can avail only 2 CL or 2 SL at the same time...

If we deduct 2 out of 9, then we only have 7 days left. How can I give him 9 days off lump sum? Is there any policy for compensatory off prescribed by the Government?

Please suggest what I should do :icon14::icon14: ... :-?

Hi Vineeta,

Compensatory time off is earned by an employee who works on any weekly holiday, official holidays, or sometimes extra time worked in an organization subject to the prior approval of the sanctioning authorities. An employee will have to put in a minimum of 45 hours (9 hours a day * 5 days) [or at your discretion as per your company's policy of working hours in a day for employees] in a week. Anything over and above 45 hours based in a week will be treated as compensatory-off-hours, which can be consolidated once every month to arrive at the total number of compensatory hours per month. In addition to those extra hours worked, if it's a policy in your company, you can also check if the employee has worked any extra days and treat those as comp offs.

I can share a case where a ruling was given:

IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT: OVERTIME ALLOWANCES
DATE OF DECISION: February 6, 2006

As per that, the material portion of that circular reads as follows:

i) The staff who are required to perform overtime duty for the full prescribed hours or work on Sundays (or other weekly off days or second Saturdays) or other holidays/public holidays should, as a rule, be granted compensatory leave in lieu. Employees who are required to work on such days beyond a full day may be allowed a day's compensatory leave in lieu of the full day work and paid overtime allowance for the excess time put in by them minus one hour free duty. In cases where an employee is required to work for half a day or less, e.g., from the time the office opens till lunchtime, two such half days should be taken as equivalent to one full day for the purpose of the grant of compensatory leave. Where necessary, half a day's compensatory leave may be given. Cash compensation in the form of 'Overtime Allowance' for duty on Sundays/weekly off days/second Saturdays/public holiday may be granted only in very exceptional circumstances where an officer not below the rank of G.M./C.I.A./F.C. is satisfied and certifies that it is not possible to grant compensatory leave.

All said, comp off is at the discretion where HR needs to make a flexible policy and adhere to it, which helps employees put in extra efforts by working extra time as per the job demands.

So, please check his eligibility and grant him leave accordingly.

Regards,