Confused About Leave Deductions: Should I Owe Money for My Authorized Leave?

Hello all,

I have a very weird query. Hope you guys can guide me in the right direction. I was working with an IT company and was on a long leave which was authorized by my boss. But due to some unavoidable circumstances, I had to put down my papers. The company agreed that I don't have to serve the two months' notice period, and thereby, there was no need to pay for the shortfall in the notice period. Now, when I receive the F&F calculation, I find that although they are not paying me any money for the period I was on leave, they are asking me for money for the same period citing physical absence as the reason.

Let me give you the details: Total days of leave: 66 days Salary not paid for this period. But now they are asking me for money for the 66 days of leave I have taken. I think that period should be treated as loss of pay for me, and there should not be any liability towards the company from my side. Is my understanding correct, or am I missing something.

As you did not join or resume duty back after the sanctioned leave, your leave for 66 days would be treated as leave without pay. Of course, to support this, there is no specific act or provision. Normally, the matter will be provided in the Standing Orders of the company or the leave rules framed in the absence of standing orders.

The act of management not paying for the leave days shall be accepted on the ground of your not reporting to duty after leave. Yet, the company is in no way entitled to claim an amount equal to leave days' salary from you. It sounds as if the company had paid you the amount. Therefore, my advice is not to pay the amount.

Regards,
Madhu.T.K