Confused About Leave Deductions? How to Properly Avail Your 22 Annual Leaves

Hi all, I am working in a Pvt. Ltd. company, and I joined in January 2012. An employee is entitled to take 22 leaves in a year. Can anyone please let me know how an employee can avail of these leaves? To date, I have taken 13.5 leaves and am still facing leave deductions. Please help.

Though it depends on the leave policy of the company, normally the leave does not accrue to an employee in the first year of service unless they complete one year of service or 240 days of service, as the case may be. Probably, this is the reason your salary is being deducted for the days of your absence in the first year of your service. Anyhow, check your leave policy.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

@saiconsult - Thanks a lot for this information. It will surely help me out.

@amit - I have thought of approaching my HR team today. I would note down the leave policy from them. I didn't know that the policy is different for new joiners. Your reply is appreciated.

Regards,
Aparna

Hello there,

The leave policy differs from one organization to another. I suggest you get in touch with your 'HR' so that you will understand the procedure.

Regards,
Sudhir N.
HR Professional

It depends on whether the company follows the calendar year or the financial year for leave calculation.

Also, as your company provides you with 22 leaves in a year, you are entitled to 1.8 leaves per month (calculated on a pro-rated basis).

Additionally, as suggested by other colleagues, check the probation clause as well.

Thank you very much for your response. In my company, we operate on a financial year basis. It is true that we are entitled to 1.8 leaves per month. However, during the probation period, a new employee is granted one leave per month, and after that, it increases to 1.8 leaves per month. Unfortunately, I have already utilized all my leaves, which is why I am experiencing deductions.

I appreciate your input.

Best regards,
Aparna

As per the act, you are entitled to get one earned leave for every 20 working days (Factories Act 1948). I agree with the above emails. You have to know the company's probation period policy and confirmed employee policy, and then you will come to know about the leave structure.

The leave is calculated on a pro-rata basis, wherein you can avail of 7 days once in four months. Hope this clarifies.

Regards,
Chingari

It depends upon your terms of appointment, which should be read in conjunction with the Leave Policy of the Company. You have not specified the type of leave you applied for.

Leave Entitlement for Trainees and Probationers

If you are a trainee or probationer, you may not get Earned Leave (EL) until confirmation. The policy varies from organization to organization.

It depends on the company policy and the Leave Rules governing the Factory Act if it is a factory, and the Shops and Establishment Act if your organization falls under this act.

Thank you!

Leave Policy in Hosur

In Hosur, the following leaves are being given:

- CL: 7 days (not cumulative and cannot be combined with any leaves like SL, EL)
- SL: 7 days per year (can accumulate and can be combined with EL)
- EL: 30 days per year (only 3 times can be taken in a calendar year)

This is for your information.

Regards,
V.R. Balu

As per the Factories Act, you are entitled to PL/EL after one year only. If you join in January, you will be eligible after one year, the next January. EL is calculated in the calendar year. For example, if you join in the middle of the year, in June, from June to December, the number of days worked, which may be 180 days, 3/4ths should be worked for EL.

Regards,
V. SUBBARAO
[Phone Number Removed For Privacy Reasons]

Earned Leave

(i) These leaves are credited in advance at a uniform rate of 15 days on the 1st of January and 1st of July every year. Earned leave can be accumulated up to 300 days (including the number of days for which encashment has been allowed along with LTC) as per Rule 26 (1) and the notification dated 18-04-2002.

In my company, the policy is different for both new joiners and permanent employees. During the probation period, only one leave per month is allowed for the employee. After the probation period, leaves are granted on a pro-rata basis.

Until a probationer becomes a permanent employee, he/she is not entitled to Earned Leave (EL).

Regards,
Aparna

Okay, then what you are saying is right. Every company has pre-established systems that must comply with Indian acts. I think your company has an HR Manual. It would be better if you ask them and read it. That is a better reference for you.

Regards,
R. K. Varaprasad Molli
Sr. Executive - HR & Admin
S&S Industries Inc.
Vizag

You are not eligible for leave as soon as you join the organization. The leave calendar starts from January to December, and leave is calculated pro-rata from the date of your joining.

Understanding Leave Entitlement

First of all, leave is not your right like a salary. You have to earn your leaves. After the completion of one month of service, you will earn leave for the month you have completed. You cannot take leave in advance, which you have not earned. Hence, there is a deduction. After the completion of one year, you will earn your 22 days of leave. Also, check with your HR Department about the company leave policy for more details.

Regards,
Jaya