Leave Calculation Confusion: How to Count PTO for 15 Days of Work and 15 Days of Leave?

In a company, an employee earns one leave (PTO) when he works with the company for a month's time. When he works for 15 days, he earns 0.5 leave.

Leave Calculation Query

How many leaves would an employee earn if he was on 15 days of paid leave and worked for the next 15 days in the company? Please help.

Regards

Your leave policy seems not to comply with the norms laid down under the Factories Act. As per the Factories Act, every employee who works for 20 days is eligible for one Earned Leave (EL). The leave should be calculated on an annual basis, not on a monthly basis. The employee didn't get any leave on the days taken off; therefore, please discuss with your management and correct the leave process accordingly.

Regards,
Kamesh

I want to know about allowing leave. Suppose an employee has utilized his 2 CL in a month and still further wants to take leave, which one can he take, SL or PL? He is not sick, so SL will not be applicable. Can anyone explain the minimum and maximum criteria for availing PL leave? I want to know the CL/SL/PL rules for taking leaves.

Regards,
Ganesha

Mr. Kamesh has a point. However, without going into the merits of your leave policy and with the limited purpose of answering your query, you may get only half a day (0.5) leave for one month in which you were on paid leave for 15 days and on duty for 15 days. Since for calculating the earned leave, the days on which an employee availed earned leave will normally be excluded. The rest of your queries cannot be answered as the facts are incomplete.

Regards,
B. Saikumar
HR & Labor Law Advisor
Mumbai

Dear Saikumar Sir,

Greetings to you and thank you for the guidance. Sir, I know the calculations of CL, SL, and PL as per our company policy. CL is allowed for 2 days/month (if available). SL is given if an employee is sick; the minimum SL allowed is 2, and for more, a medical certificate is required.

Query on Leave Utilization

I want to know, if an XYZ employee has the CL, SL, and PL balances and he utilizes 2 CL for a particular month, and if he wants to take leave in the same month for some personal reason (not for a health reason), then in this case, can he take the PL? If yes, then how much? What is the criteria for availing PL?

Hope you got my query.

Thanking you,

With regards,
Ganesh A

I need to ask some questions before answering your query:

1. Does your company's policy put any restrictions on the number of days an employee can avail leave in a month?
2. Does your company's policy state that if an employee avails CL once in a month, they shall not use any other kind of leave?
3. Does your company's policy restrict the number of occasions on which P.L can be utilized in a year, and if you have exhausted all of them?
4. Does your company's policy limit the number of days for which P.L can be availed in a month?

If the answers to all the above queries are negative, then you can take P.L in that month even if you have availed CL in the same month.

Incidentally, I may mention that leave policies under the contract of service will vary from company to company, and there cannot be one golden mean answer for the leave problems occurring in different companies.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Sir, thank you for the reply. I got the answer. I would like to ask another question regarding the calculation of leave (PL) taken in continuation with Weekly OFF/Holidays, Between Weekly OFF - Working days - Holiday. What will be the leave calculation for the following cases:

(Abbreviations used: WO=Weekly Off, HO=Holiday, PL=Privilege Leave TAKEN)

1) PL->WO = ? PL
2) WO->PL->HO = ? PL
3) WO->PL->PL->PL->PL->PL->PL->PL->WO = ? PL

Please provide the calculations of PL for the above scenarios.

THANKING YOU,
GANESHA