Can Contract Employees Carry Over Unused Casual Leave? Seeking Advice on Policy Confusion

Hi friends,

Suppose a contract employee is working in a government sector in an educational institute. They are given one casual leave per month. One of my friends joined that institution in October 2009. He has not utilized any casual leave from that day onwards until now.

Suddenly, my friend had a medical emergency at home. He took permission from the institute and attended to the emergency, which lasted for 5 days. The institution's head is stating that from January 2010 to March 2010, my friend had only 3 casual leaves, and for the remaining 2 days, they have deducted his salary.

His argument is that from October until now, he has not taken a single leave. The institution's argument is that last year's leaves do not carry over to the current year. Is there a rule like this, or how can he verify the correct rule position? Please suggest to him.

Leaves will be credited in the month of January (Jan to Dec). Although your friend joined in October 2009, his eligible leave for three months (i.e., 2 days) will lapse in December. Some companies encash the leaves, while others do not. Therefore, the management will only consider leaves from January to March (i.e., 3 days). Any Earned Leave (EL) remaining will be carried over to the next year.

The reply of Vigsysjesu is correct. There is no provision in the Government Sector either to carry over Casual Leaves to the next year or to encash them. Unavailed casual leaves from the previous year, if any, will automatically lapse.

Based on the above reasoning, the Institute has only granted 3 days leave (1 day for Jan, Feb, and Mar) to your friend.

Regards,
Sivadasan

Hi,

My previous employer follows the financial year and not the calendar year. Can anyone let me know if an employer has to strictly follow the calendar year or financial year with regards to leaves, or is it optional?

Thank you,
Vijaya

Dear Vijaya,

If the leaves are granted as per any of the specific Acts applicable to the establishment, then we are to adhere to the calendar/financial year, whichever is written in the Act itself.

With Regards,
R.N.Khola

Hi,
My previous employer follows the financial year and not the calendar year. Can anyone let me know if an employer has to strictly follow the calendar year or financial year regarding leaves? Or is it optional?

Thank you,
Vijaya

I hope it is very clear from the first answer itself that generally, the calendar year (Jan to Dec) is followed for the purpose of calculating/crediting leaves applicable to the employees. EL can be carried forward, but Casual Leaves & Sick Leaves get lapsed after Dec each year if there is any balance. So, in your friend's case, his employer is correct.

Regards,
Jagdish S. Nadar
Asst. Manager HR
Nuberg Engg. Ltd.
+91 9313490613