Eligibility for Paid Leave: Does Temporary Work Count Towards Benefits?

We have a person working as a data entry operator in our company. He has been working as a temporary staff member since he joined in July 2010. However, it has now been decided to move him onto the company payroll, effective from 1st April 2012.

Eligibility for Paid Leave

Will he be eligible for paid leave from the day he joined, or should paid leave be granted from the day his employment status was confirmed as permanent?

Kindly advise.

Thanks,
Regards,
Mini

Jeeva is right - Privilege Leave is entitled only upon confirmation of the job.

Best wishes,
Ganesh Ramachandran

But PL is only for staff on probation, right? So how can temp staff be given PL from the date of joining?

Regards,
Mini

All employees are eligible for PL from the day they join. The Labour Department doesn't differentiate between probationary or permanent status.

What I understand is that the employee in question was working as a temporary employee from July 2010 to April 2012, and you took him on the company's payroll with effect from April 2012. However, it is not understood why he was excluded from being made eligible for P.L. even during the period of his temporary service of almost two years, as the law does not differentiate between a temporary employee or a permanent employee once he puts in 240 days of service.

Regards,
B. Saikumar
Mumbai

You have not used the correct nomenclature for the leave. During British days, basically, EL was termed as PL (Privilege Leave). In later days, it is not a privilege leave but leave earned by the employee, known as Earned Leave. Under provisions of the Factories Act/Shops & Commercial Establishment Act, one day leave is earned on completion of 20 days' work in the subsequent calendar year, subject to a maximum of 20 days. Earned leave is admissible to every employee. However, if your organization is following government rules, earned/PL is admissible to only regular employees. In the industry today, 50% of Earned leave is credited to the employee's account at the beginning (if the employee joins in Jan.) and the remaining 50% in June.

Hope you can reconcile with the situation as per the pattern being followed in your organization.

Regards,
S.K. Johri

I have a doubt regarding PL/EL. Is every employee/worker eligible for PL/EL, whether they are permanent, temporary, or on a consolidated payroll? Please explain any details.

Regards,
Ramravi

Yes, all the employees you have mentioned are eligible for Earned Leave (EL), but the number of days of EL differs. It is not the same for all three categories of employees, and it completely depends upon the company's leave policy.

You need to refer to the relevant document regarding the date of application. However, in the absence of the same, the PF will come into force from a prospective date only.

Regards,
S.K. Johri

Dear Ramadevi, upon completion of the qualifying period and as per the formula applicable to each category, EL/PL will be available to them.

Regards,
S.K. Johri