Can Medical Leave Be Adjusted to Personal or Casual Leave When Balance is Zero?

Dear All,

I would like to request clarification on the following matter: What if someone doesn't have any medical leave balance, can those leaves be adjusted into the PL/CL account?

We follow a policy where leaves are categorized as PL/CL/ML and are allocated to the respective accounts.

Please assist me with this query.

Regards,

Dear [Recipient's Name],

I am writing to request an adjustment of leaves for an employee and kindly ask for your consideration in allowing this adjustment as a special case, especially if our current leave policy does not cater to this particular situation.

Sincerely,
R.N. Khola

Dear Mr. Khola,

We are making a few changes to our leave policy starting next year, effective from January. I want to know if companies have the practice of adjusting further medical leaves in the PL and CL accounts if medical leaves have been fully utilized, and PL and CL are still available.

How do organizations typically manage leave disbursement? Is it the case that if the type of leave is not defined, it is assumed (as CL, PL, or ML)? In other words, which leave should be deducted first from the leave account if there is no separate account for each type of leave?

Please provide clarification on these points.

Regards,

Dear,

If your establishment is covered under the Industrial Disputes Act, 1947, and if your leave policy will affect the workmen employed by you, then in my opinion, you are required to give 21 days' notice for such a change. This attracts section 9A of this Act. For more details, you may go through section 9A and schedule IV of this Act. Even if this change is going to affect other employees of the establishment, then go through their terms and conditions of employment and the service rules applicable to these employees.

As far as the practice of adjustment of different leaves is concerned, you may take the help of your HR friend circle. Different types of leaves are given under different enactments. We do not find any Act which allows us to grant leaves under any unnamed head of an account. In my opinion, leaves should be granted under the specific head as provided under the specific Act for statutory compliance. It is up to the workman/employee concerned which type of leaves he first applies. Formats are provided in different enactments/rules for the maintenance of different types of leave records.

Opinions/comments submitted as requested.

R.N.Khola

Thank you, Mr. Khola.

Surely, we will inform everyone in advance. It will hardly affect the leave status of employees as the number of leaves will remain the same.

Thanks again.

Regards,

Dear Khola,

Last month, I had taken a 7-day leave for my sister's marriage, but they have marked it as CL for the past 3 months. I have not taken any leave during this period. My question is whether the salary is deducted for CL or not.

Dear,

If you do not have CL to your credit and you have applied for grant of CL, then the management will deduct wages considering your unauthorized absence for this period.

R.N. Khola

Dear Mr. Khola,

I am working in a pharmaceutical company. Our VP of Marketing applied for leave after undergoing a cardiac operation. My question is, can it be granted as Earned Leave (EL)? Is there any provision under the Shops & Establishments Act, or is it based on the company's policy?

Regards,
Anupam

Dear All,

Bifurcation of various leaves is done; first to take care of legislative requirements in each state and secondly to bring parity on account of industry practice.

Generally, each type of leave has significance and is hence prescribed. For example, CL is meant for attending to urgent and unforeseen casual nature of work which may not require long leave and it can be taken without permission on some occasions, not always. Whereas PL is meant for planned long leave with permission in advance as may have been fixed as per rules.

With this background and normal practice in the industry, a combination of PL with CL is discouraged and at times not permitted, whereas SL (Medical Leave) may be permitted with PL provided you don't have a balance of SL. Similarly, ML may be permitted with PL after 84 days of ML leave is over provided the lady staff is still not ready to join for reasons related to confinement.

Above all, these rules are said and done formulated to bring in uniformity and some amount of discipline among employees. The management does have the right to relax and make an exception in a very deserving case which should not become a precedent.

One of my friends has mentioned evoking section 9A of the ID Act. In my opinion, unless it relates to a reduction in the quantum of leave, this would not invite this section, to the best of my knowledge of law and experience in the industry.

Hope this shall provide some guidance to concerned citehr members.

Thanks,

Rajpal

Destination,

HR Consultancy Services,

Mumbai

022-66994552 (Direct) Mobile - 09821133027

Hi, we in our company have a system wherein we maintain leaves for each quarter. For example, we total up the leaves one can take in the whole quarter period, such as CL, EL, or ML. Now, it is up to the employee how they manage their leaves over 3 months and deduct the salary for extra leaves taken beyond the provided limit.

Hope this helps you.

Regards,

Swati Gupta HR Executive

Hi, I work as an HR professional and would like to know if I can add MEDICAL ALLOWANCE to the PAYSLIPS of my employees and report it to the INCOME TAX authorities. I have already included BASIC SALARY, HRA, CONVEYANCE, and SUPPLEMENTARY ALLOWANCE. Can I include a MEDICAL ALLOWANCE of Rs. 1250 per month in the PAYSLIPS and potentially exempt it from INCOME TAX? Please advise.

Dear Neesu,

Yes, we can adjust the ML in PL if ML days come under CL Clause. Then we can also adjust in CL otherwise in PL. There is no loss for the company, but it may be a cause for employee retention.

Regards,
Tarun Varshney
+9717791030

Hi,

If any employee has no ML in their leave account, then their PL can be sanctioned upon the production of a medical certificate. However, this should be done based on the written request of the concerned employee and not at our own discretion.

Thanks.

Dear Neesu,

If ML is not balanced in the account, then only PL can be adjusted against leave. No leave can be mixed with CL.

Regards,
Tarun Varshney