Am I Eligible for Earned Leave Encashment After Less Than 6 Months of Work?

Hello Seniors/Friends,

I joined an organization on 12th July 2010 and left on 6th January 2011. Technically, it's 5 days less than 6 months in the calendar. Am I entitled to the encashment of Earned Leave accrued in my account? Can July 2010 be counted as one month since I joined before the 15th of the month? Please help me with your valuable suggestions and advice.

Regards,
J P Das

Dear J P Das,

First, see under which Act/Rules you are entitled to earned leaves and then go through the provisions/Rules relating to grant and encashment of EL under that Act/Rules to see whether you are entitled to encash EL. You can also approach your HR department for this purpose.

R.N. Khola

Hello Seniors/Friends, I have joined an organization on 12th July 2010 and left the same on 6th January 2011. Technically, it's 5 days less than 6 months in the calendar. Now, am I entitled to get the encashment of Earned Leave accrued in my account? Can July 2010 be counted as one month as I joined before the 15th of the month? Please help me with your valuable suggestion and advice.

Regards - J P Das

Eligibility for earned leave is 240 working days in a calendar year. I hope you are not eligible.

You need to refer to the applicable local act concerning entitlement. When calculating proportionate entitlement, the actual number of days is taken into account, not the month.

Regards,

If it is a factory, then yes, even if you have not completed 240 days. Subsection 3 of Section 79 of the Factory Act provides for leave encashment at the time of quitting the job as well.

Regards,
Rajesh Gupta

In my opinion, there is no provision for leave encashment under any Act. The concept of leave encashment is entirely subject to the company's internal HR policy, which is communicated to employees at the time of joining.

Furthermore, under the Factory Act, if you apply for leave and it is denied due to urgent work, you have the opportunity to prove the urgency. Only then is there a chance that your leave for those specific days can be reimbursed.

Regards,

SATENDER SINGH NEGI
OFFICER HR
ERA GROUP

Dear All,

I sincerely thank all of you for your valuable inputs. I really appreciate this. The fact is that I have resigned from the company and the total days of my working are 3 days less than 6 months. Now, how many months does a person have to serve at a minimum to avail the encashment of PLs accumulated in his account? Am I eligible in this case?

Thanks again for your time.

Regards, J P Das

The eligibility for Earned Leave is 240 working days in a calendar year as per the Factory Act of 1948. However, the concept of leave encashment varies from company to company due to differences in internal HR policies. This is dependent on the company's specific policy, which is communicated to employees at the time of joining.

Regards,
Rajesh