Re: Casual Leave- Right Or Priviledge?

Hi,
I will like to know, is casual leave a priviledge or a right as an employee?
Thanks
bisbal

Subject -casual leave as a matter of right

In terms of model standing orders framed under Industrial employment (standing Orders) Act 1946, leave cannot be claimed as a matter of right.Though the puropose of casual leave is to enable an employee to obstain from duty to meet an unforseen or urgent need and thus obviates the need to either give prior intimation to or obtain prior sanction from the competent authority, it cannot be construed as a matter of right nor allowed as an excuse for absence without notice frequently. It is the conduct of the employee which gives evidence of the fact whether he is utilising casual for genuine purposes or abusing it. Thus the mangement can refuse to grant casual leave to an erring employee if he habitually resorts to it to abstain frm duties without notice.

If leave policy is governed by the contract of service in a company, the stipulation that leave of any kind cannot be claimed as amatter of right is normally part of such contarct or leave policy.

B.saikumar

HR & labour law Consultant

Chipinbiz Consultancy Pvt.Ltd.

Mumbai.

Mr.Bisbal,
EL/PL Earned Leave/Privileged Leave=1.5*12 = 18 Days , CL Casual Leave =7 Days and SL Sick Leave who is not eligible for ESI:SL=9
Casual leave can be utilized in the calendar year nor else it will be lapsed EL/PL can be en cashed and SL can be carried forward...
Regards,
Ramkishore

Good question Pon. I would figure it is a right if you can avail whetehr management likes or not, but a privilege, if you have to take management's permission as a matter of courtesy.
Sairam's interpretation is the most logical. Casual leave doesn't mean that you just leave casually. It is a name for a type of leave. However, taking management's permission with suitable justification is a matter of proper form and courtesy.

Subject: Audit Issues
Post: Greeting All , i need your Help . i am Payroll executive in retail company . last month i had processed salary as per attendance , now auditor sent me attendance variations ( working days Vs Paid days ) . example : employees worked 23 days and salary processed 30th days . i had updated manually attendance as per HR but it was verbal communication , not on mail . now auditor asking for supporting mail that on what basic you had processed their salary but i do not have any supporting mail . so please suggest/ help me , what should i reply to auditor .
Regards !
Deepika Chib

is Giving Sick Leave to employees necessary when they are covered in ESI Act. the employer is giving 4.75% of the employee salary to ESI Then is it necessary to give Sick Leave.
How Much Sick Leave is to be given to Employee who is covered under ESI Act and how much Sick leave is to be given to an employee who is not covered under ESI ACt. Can we Encash Sick Leave or is it mandatory to carry forward them
Regards
Vedvert Dalal (Executive HR)
9813522214

Hi,
In this case, you prepare a approval note consisting the issue with your proposed action, get it approved by your authrosied persons and present it to Auditor. Auditor has to accept the same, when it is approved.
But keep this in mind, every manual correction or updation, must have an authorisation from a authorised person, so that such issued can not be arised in future.

Dear Dalal
Sub- sick leave-ESI
Firstly an employee who is covered under ESI is entitled to sickness benefit (ie. absence with wages computed in the manner specified under the Act) in terms of ESI Rule 55for a period of 91 days and in the case of disablement such benefit be allowed as long as the disablement persists as per the medical certificate of the Insurance medical officer. This is his entitlement under the Act.
If there is also sick leave admissible under service conditions, Regulation (97) of ESI(General) Regulations 1950 permits an employer to discontinue or reduce such sick leave to the extent prescribed under the said Regulation.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 022-28324234

Dear Sai,
What if some of the Ltd.Organization is not allowing any Casual Leave for any of their employee, only they are granting SL, PL & ML...
Rgds,
Abhishek...

Dear Sai,
What if some of the Ltd.Organization is not allowing any Casual Leave for any of their employee, only they are granting SL, PL & ML...
Rgds,
Abhishek...