Can Compensatory Off Balance Out Past Negative Leave? Seeking Advice on HR Dilemma

Compensatory Off

Can one adjust Compensatory Off with leave that was taken previously? Or is comp off to be taken only in the future? I have a case where an employee had a negative leave balance, i.e. -3, and he has worked on one of the following Saturdays. Now, can we adjust this comp off with his negative leave balance.

Thanks,

K

Hello Kgawans,

Regarding Compensatory Off, there is no mention in either the Factories Act or the Shops & Establishment Act regarding adjustment with a negative leave balance.

In my opinion, the spirit of Compensatory Off should be to compensate extra hours worked or holiday working by allowing the employee a paid day off on a future date and not adjusting it with his previous negative leave balance. Such a practice of adjustment may also set a bad precedent for the future.

From your statement, it is revealed that the employee in question has a negative leave balance of (-)3 Days, i.e., "Leave without Pay" of 3 days as he has exhausted all his PL/EL balances.

In the absence of any law on the topic, you may decide to allow the adjustment based on the merit of the case as an employer-friendly gesture. Be sure to have proper documentation as a one-off case so that it does not leave any room for future precedence.

I would suggest that you use your judgment and decide accordingly depending on your organization's culture.

Thanks,

Probhat

Dear Kgawans,

You may allow such adjustments as employees are carrying a negative leave balance.

Regards,
Vinay

Hi,

You have not specified what kind of organization you are working for. As the Factories Act will not be applicable to all companies, anyhow, as per the Factories Act, the employee can take a week off, either 3 days as prefix or suffix days to the holiday work. In other words, an employee cannot work for more than 10 days in a stretch.

If it is the case of a staff member, the compensatory will get adjusted according to individual company policies. Check your case and act accordingly. Ensure no employee is allowed to work for more than 10 days at a stretch, and normally companies will not allow advance leave except in extraordinary cases. That again depends on company policy. There is no common trend in the adjustment of compensatory off (for staff grade); it is getting adjusted according to the company policy.

Regards,
R. Sudhakharan