Can an Employer Refuse Leave if Another Employee is Available to Cover? Seeking Clarity on Rules and Judgments

If an employee applies for leave due to some unavoidable urgent work around 4-5 days ahead, and the next person who can take charge is available in the department, can the employer refuse the leave? Is there any rule or judgment regarding this? Please provide details.

Normally, reputed companies don't take it seriously if anyone avails the PL/EL in emergency situations.

Yes, it is the right of the employee. Generally, nobody will refuse to sanction leave if such a situation as mentioned above exists.

Regards,
Vinod Mahadik
HR Executive

Employee Leave Approval and Rights

As far as the approval of leave is concerned, every employee has the right to avail themselves of leave, as mentioned in the Shops and Establishment Act and Factory Acts.

Now, as you have mentioned, if for some unavoidable reason the employee wants to take leave, several factors need to be checked:

- How critical is that unavoidable reason?
- What is the total amount of leave balance available?