Is Requesting Leave a Right or Just an Entitlement? Seeking Clarity on Employee Leave Policies

I am working in an organization as an Assistant Manager in HR. Though my core competencies are recruitment and training, I have recently taken up a job in HR. By education, I have an MBA in HR.

Recently in my organization, my colleague applied for leave. However, due to an exigency in the organization, her leave was not granted. The Director wanted me to send an email stating that asking for leave is only an entitlement and not a right.

I want to understand if asking for leave is an entitlement or a right of an employee. :(

Dear All,

Please tell me how casual leaves are granted. Can we allow all 12 leaves in one month? In some books, I have read that one leave is allowed in a month, and if you do not take it, then it is forwarded to the next month. What happens if a new employee is appointed in the middle of the year? Are they allowed with 12 leaves or just from the month they have joined? And are they allowed casual leave from day one?

Please answer me as I am getting different answers from different people. I would like to know what is there in the laws.

Regards,
Neetu

Hi Srividya,

Your director is correct in saying that leave is not a right. In my experience with the Armed Forces, I have learned that leave is a privilege and not a right, as per the policy books. Leave is a privilege offered to employees to have breaks from work; however, in times of service exigencies, all leaves can be curtailed. That is the reason why policy makers don't define it as a right... Now you know why at times you have to come on a Saturday/Sunday as well!!

Please let me know if you differ.

Regards,
Partha.

Dear Srividhya,

Except for a justifiable reason, leave cannot be demanded as a matter of right even if such leave has accrued to an employee. An employer is under an equitable obligation to grant leave to an employee up to a maximum limit of leave to his credit for bona fide reasons.

At the same time, it is expected that without previous intimation and obtaining prior sanction, the employee to whom leave is granted will not extend or exceed the period of leave granted. It is recognized that every man is likely to have certain social obligations to fulfill. He is also liable to fall ill at times, or there may be deaths or serious illness in the family.

Equity always protects an employee who has to absent himself for a justifiable cause. Similarly, under unforeseen or unavoidable circumstances, he may have to extend the limit of his leave prescribed by the rules of the establishment concerned. It is obvious that no management may reasonably expect that an employee will never fall ill. In such cases, the exigencies of business have preference only to a certain limit despite the statutory provision and service rules.

So, no leave can be claimed as a matter of right, but the employer has to judge before refusing the application.

Regards,

Suresh Ramalingam

Thanks for your response.

As informed in my earlier email, the leave, though requested by my colleague after giving prior notice, has been turned down. However, due to family compulsions, she has taken the leave even though it has not been approved. My colleague has been a good and hard worker, sincere in her work, and has maintained a clean record. However, due to this incident, I am not sure what action would be taken against her.

As an HR person, can you suggest what I should take care of to avoid a recurrence of an incident?

Hi,

I wish you could discuss with your director the problems faced by your colleague that forced her to make such a decision and also explain to him that she is a valuable employee. Additionally, discuss with your colleague that even though she is genuine, she does not have the right to take leave when it has not been granted. Instead, encourage her to issue a personal apology to the director and make arrangements for that.

Ensure that this issue does not spread throughout the organization, as it may concern the director. Such situations are common in many organizations, and the appropriate course of action typically depends on how it will impact the future.

Regards,
Vijay

Dear Sreevidhya,

I completely agree with Vijay. The reporting manager of a particular employee has to approve the leave application. Leave is not a right; it is a privilege for an employee.

Regards,
Anantha.