Leave Policy---any Suggestions - Doc Download

Hey Everybody,

I am uploading a leave policy that I have devised for my company. The company is in its infant stages and is in the power sector, so prior to this, the company didn't have any leave policy. I have taken care of almost all the laws while devising this policy, but still, if I have missed out on anything, please let me know.

Suggestions, comments, criticism... everything is welcome.

S. Pradhan

Hi,

The policy seems complete in all respects and nicely formatted. One thing that could be added is the Leave of Absence (Sabbatical) - could be ignored. Please share more policies if you have. Even my organization is in the infant stage, and I have taken up a similar assignment. Hope to work together!

Neha

Dear S. Pardhan,

In the paragraph on Maternity Leave, your points No. 1 and 2 do not seem to align with the Maternity Benefit Act, 1961. Please re-examine the matter in the light of this Act and make amendments accordingly.

Regards,
R.N. Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law and Legal Consultants)
09810405361

Dear Pradhan,

I have gone through your leave policy, and I have a few observations to add to your leave policy.

1. The quantum of earned leave, 10, is less. Neither the Factory Act says so nor does any shop and establishment. I think you might be covered under the Factories Act; in this case, you are required one day leave for 20 days of working. As per the Factories Act, if any holiday/weekly off falls in between earned leave, it will not be counted as leave.

As you have mentioned, casual leave will be granted after 3 months; it should be given on a pro-rata basis. The policy on maternity leave is not as per the law as mentioned by Mr. Khola. You cannot restrict benefits for two children. To avail the benefit, one should serve 80 days in the organization before proceeding on leave, not confirmed employee as mentioned by you.

Regards,
J.S. Malik

QUOTE=S.Pradhan;752724]Hey Everybody, I am uploading a leave policy that I have devised for my company. The company is in its infant stages and is in the power sector, so prior to this, the company didn't have any leave policy. I have taken care of almost all the laws while devising this policy, but still, if I have missed out on anything, please let me know. Suggestions, comments, criticism... everything is welcome. S.Pradhan[/QUOTE]

Dear malikjs,

My company comes under the Shops and Establishment Act. According to that law, earned leave cannot be less than 21 days, inclusive of all holidays. In my company, the number of holidays in a year is 11 days. Therefore, 11 days + 10 days (earned leave in the policy) = 21 days. So, it meets the requirements as per the law. Maternity leave, as mentioned by R.N Khola, has been taken care of.

Thank you for your comments and suggestions.

Dear Pradhan,

In our opinion, holidays (National & Festival) and earned leaves are to be considered separately. There are separate provisions under the State Shops Act for EL and holidays to be granted to the employees during a particular year.

Regards, R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

Under which State's Shops & Establishment Act is your organization covered?

Under Punjab Shops & Est Act, it's 1 day Earned Leave for every 20 days + 7 days CL + 7 days SL + 3 days National Holidays (15 Aug, 26 Jan & 2 Oct) and 3 days of any other National Holiday (Sec 12). Your total quantum of Leaves must not be less than what is prescribed.

Saurabh

Dear Saurabh,

You might have noticed that currently in Haryana, these festival holidays are to be given at five per year. This is just for the information of our Haryana HR members.

Regards,
R.N. Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

Dear Pradhan,

It is a nice description of the leave policy, but there are some points in which you are in conflict in the leave policy. I am also confused. Please make it clear from Sr. (your head) and please make me aware of this clearance.

Thank you,

Shakti Singh
Email: shaktisingh_80@yahoo.co.in

Dear All,

Here, I am attaching the annual leave policy proposed to be implemented in our company soon. Your comments/advice on this, please.

BR Jaleel

Dear All,

Employees who have completed not less than 240 days in the service of the company are entitled to leaves. Does this mean that somebody joining today will not be eligible for any leaves until they have completed 240 days?

Only when an employee finishes 240 days are they eligible for leaves.

Even I had a doubt on 10 earned leaves being given, wherein all the acts equally say 1 day for every 20 days. Please clarify if I am wrong.

Hi, I am working with an Insurance MNC. If you require help on policies and procedures, then you can write to me. Thanks, Kamlesh

The policy seems complete in all respects and nicely formatted. One thing that could be added is the Leave of Absence (Sabbatical) - could be ignored. Please share more policies if you have. My organization is in the infant stage, and I have taken up a similar assignment. Hope to work together! Neha

Dear S. Pradhan,

I appreciate the upcoming Leave Policy of your company. However, it is leaving a lot of confusing impressions. I suggest that the opening statement of the proposal should explicitly mention, among other things, "This Leave Policy covers all existing Leave Policies according to the LAW." This refers to the GENERAL LAW issued by the Government. Subsequently, include the company's specific "Leave Policy" which aligns with the regulations under a special law, provided gratuitously by your company. I believe implementing this change will enhance the safety and consistency of your company.

Best wishes,
Dr. Dionicio D. Viloria, SPHR
Professor of Management and HR
Sultanate of Oman

Dear Seniors,

I am very happy to share with you all important information. Could you please clarify if the Leave policy uploaded by Mr. Pradhan is correct? Please suggest to me.

As my organization is in its infant stage, it does not have a leave policy. Therefore, please advise me on how to proceed further.

We are eagerly waiting for your prompt and valuable response.

Regards, Sharavanan V

Dear Sharavanan V,

First, finalize which of the labor laws are applicable to your organization for the grant of bare minimum statutory leaves, i.e., EL, CL, SL, etc. Afterward, look into the capacity of the organization to decide the quantum of leaves under different heads. Also, finalize the procedure for the sanction of these leaves.

Regards, R.N.Khola Skylark Associates, Gurgaon (Haryana) (Labour Law & Legal Consultants) 09810405361

My dear Pradhan,

I am sorry, but I am forced to ask, "Could you kindly tell me about your qualifications and experience?"

A Leave Policy is NOT just a visually appealing document - and yours is definitely not even that. Kindly leave this task to the Experts. Don't be an embarrassment to this forum and your company; and don't play with the work-life of your company's employees.

Harsh words, but you rightly deserve it.

How can you PLAY AROUND with the Maternity Benefit Act, guaranteed by the Govt. of India? Is your company bigger than the state of India??

How can you club National Holidays and Closed Holidays (declared under the Negotiable Instruments Act) with EARNED LEAVE?

Please DON'T MAKE A MONKEY OF YOURSELF. You are disgusting. Kindly remember that an HR person is supposed to safeguard employees' rights, NOT USURP IT.

I don't think your Management is going to reward you for your actions; rather, you are putting them in such embarrassment and legal trouble that THEY WILL KICK YOU OUT IN NO TIME if they come to know about it.

Highly repulsive - you and your "policy".

Dear Pradhan,

You have simply downloaded the policy from the net. The language itself speaks about it. I invite forum members to type "leave policy" in the Google search box, and go through the result and browse a few American companies' leave policies. You'll instantly know that Mr. Pradhan has not "devised" the policy - as claimed by him - but "downloaded" it. The latter part of the policy is downright "funny" in the Indian context. That is the reason; how he got the number of days for maternity leave and earned leave. Ha ha ha ... American Policy :p Even while copying or imitating, a little bit of one's own intelligence is required. I think it's high time the matter is brought to the notice of his company - BNC POWER PROJECTS LIMITED. The name of the company, on the first page, is the only change he typed in the downloaded Leave Policy of some American co./organization. :roll: Shameful - is all I can say.

Dear Raj Kumar Hansdah,

I think you have gone too far in accusing Mr. Pradhan.

1) Firstly, because we don't know the status of the policy, whether it is in its iterative stage or not, meaning whether it is proposed or approved.

2) The organization may have its legal experts, and an erroneous policy would not be approved.

3) Mr. Pradhan has already acknowledged the maternity benefit point and said it has been taken care of.

4) The policy is posted to know the views of members before its implementation, not after it has been approved by the management.

5) I think it is absolutely uncouth to write a post in such a language and blatantly accuse someone.

Dear S. Phradan,

It seems your requests for feedback about your "Leave Policy" are gaining some degrees of positivity, along with some awkward comments and spicy language. This is somewhat expected. Kudos to the HR practitioners who patiently shared their expertise in a modest manner. On the other hand, it is hard to condone the other comments that should have been more prudent and fashioned in the HR language. Unfortunately, it is evident that some comments were far from the logic of an HR approach.

May this forum serve as a conduit to HR practitioners. Experienced and truly professional HR players are responsive and must have inculcated within themselves the sense of "Cultural Sensitivity."

Best wishes to all truly HR players.

Dr. Dionicio D. Viloria, SPHR
Sultanate of Oman

My dear friend(s),

Thank you for your response.

I have been very conservative in my remarks. Unfortunately, I am not the moderator; otherwise, I would have been harsher. I stand by the Intellectual Property Rights and LOOK DOWN upon any form of plagiarism.

My earlier remarks were based on the following sound premises:

1. A person COPIES the leave policy of an American Organization IN TOTO; (that is the reason he got the Maternity Leave and Earned Leave mixed up because they are as per US laws (wherein there is already a 5-day week - hence the number of days of ML and EL are less).

2. He, then, claims that he has "DEVISED" a policy (amounts to CLAIMING ownership and seeks feedback).

3. Learned and busy senior members of the Forum vet his policy (thereby wasting their precious time) and take the trouble of giving their feedback/suggestion so that the COPIED (and erroneous according to Indian Labour Laws) Policy becomes legally compliant as per Indian Labour Acts.

Dear Ms. Vrinda,

the not-so-called advocate of a plagiarist;

IS IT NOT EXPLOITATION, trying to fool the members of the forum (by submitting a PLAGIARISED item, CLAIMING IT TO BE ONE'S OWN); in giving their feedbacks/suggestions, making them work hard and waste their time?

Can you tell me, why your "client", at the outset did not declare that he has found a policy on the net and after ADAPTING (requires a bit of sincere work on his part) it to suit his company's requirement, he is soliciting views of the members?

Ms. Vrinda,

don't you think that WITHOUT DOING ANYTHING AT ALL ON HIS PART, he made the members SWEAT IT OUT?

Please try to UNDERSTAND the ISSUE FIRST. Just because his language is SOFT and mine is HARSH (intended to), please don't judge people. If you have to JUDGE people, do it on issues/MERIT.

The last paragraph of your post, calling me UNCOUTH, is TOTALLY UNCALLED FOR. Maybe the 'aggrieved' Mr. Pradhan could have the right to call me that, but not you. That itself shows not only your education but rather your UPBRINGING and FAMILY BACKGROUND and PERSONAL VALUES. I have nothing but Pity for you. It is still not too late for you to CATCH UP ON WHAT YOU HAVE MISSED in your learning and development as a DEMOCRATIC, LIBERAL individual who understands that EVERYONE HAS A RIGHT TO VOICE THEIR OPINION; and to PROTEST if they find themselves BEING TAKEN ADVANTAGE OF. I am not asking you to have RESPECT, BUT AT LEAST allow people to have their own opinion, allow them to have a DIFFERENT OPINION. That is what is meant by being LIBERAL (don't accuse me of ANYTHING ELSE in your next post. I don't mean anything INDECENT when I say LIBERAL).

REGARDS (although, truthfully, I don't have any for you).