Notice For Leave Without Permission

Hi,
I work in a small IT company (based in Gujarat) with about 35 employees. We have a policy that the employees can take 2 days leave each month provided:
1. the total working hours are compensated
2. the leave is approved atleast a day before by the immediate supervisor.
Now some of the employees have started taking the leaves without approvals just because they have compensated the working hours.
My boss wants me to give out warning letters to employees who take leave without approval. I am not totally convinced that this is the right way to go about it, but don't know what else to do.
Is there another way? If not, what should be the content of the letter?
Can I simply say that "because you took leave without approval this is your warning letter".?
Thanks,
Megha

If your policy clearly mentions that leave can be availed with prior permission from the reporting officer, the employees are expected to take permission before they take leave even if they have complied with the first requirement of the leave, ie, compensating the working hours. But if the employees were not communicated of the above conditions of leave, it will be advisable to send a circular stating that " some of the employees are availing leave as a matter of right without getting it approved and such practice would be viewed seriously in future.....". Once this communication is given, the employees will become aware of the conditions attached to leave. If, even after this communication, any employee takes leave without intimation, you can initiate a disciplinary action.

A Post Script: The Shops and Commercial Establishments Act (of your State) under which your firm is registered should have provisions pertaining to casual leave, sick leave and earned leave. These leaves are not subject to any condition with regard to compensating of hours at office. Though prior intimation can be made a condition for availing earned leave, CL or SL can be availed without prior intimation for which intimation on the day of its availing would be sufficient. Therefore, if you do not have any CL,SL or EL but your leave is restricted only to the one stated in your post, ie, 2 leaves per month subject to fulfillment of the condition that he should have worked for the time allotted, then your policy will not have any legal validity.

Regards,

Madhu.T.K

I appreciate what Mathu T K wrote. I would like to add about office discipline. Although employee have right or privilege for availing leave but its expected that he should take with prior permission. In case unavoidable circumstances if he required to take leave with out prior permission he should imitate to his reporting officer as early as possible. If such kind of discipline not adhered by the employee than it will be very difficult to any company to manage day to day activities. I
Regards,
nk panchal

Dear Megha,
There is nothing left after the clear insight by Mr. Madhu TK.
I would only like to ask you to speak to your Head and give him a little brief that there are Laws which are mandatory to be followed. On one hand it is a matter of deep concern and other the other hand it gives you the opportunity to rectify what is wrong in system and may land the company in legal trouble.

So much written, If leave taken without informing to HOD or Approval authority, then leaves are 'unauthorised absents" and if permitted by HOD or Approval authority and not informed to HR Deptt then actual action shall be taken against HOD or Approval authority and those leaves can not be on absent because employee 's leaves/LWP permitted by HOD or Approved authority so employee is not in fault.

Prior intimation and permission is reasonable.But the requirement to compensate the working hours lost by leave is a barbaric.It is as good as no leave to employees.
VARGHESE MATHEW