Employee Needs More Leave After a Month Off: Should It Be Unpaid or Use CL Balance?

An employee who has availed 1 month of unpaid leave for the month of February due to marriage is now requesting 15 days of leave. However, for the FY 13-14, she has 12 CL days as her balance. Kindly let me know whether she will be granted the 15 days of unpaid leave or if it will be deducted from her CL balance, with the remainder as LOP.

Dear Mukherjee,

The issue you are facing is related to unpaid leaves. With 12 days of CL balance, it is equivalent to one month at one leave per day. As per statutory regulations, it is not applicable. The paid leaves are credited to the leave account after completing one year of service.

Regards,

Hi Chaitanya Krishna, thanks for your reply. She has been working with us since February 2012. She took one month of unpaid leave in February 2013. Now, she is requesting 15 days of leave. However, from April 2013 to March 2014, as per our company norms, an employee is entitled to 12 CL (Casual Leave) and 12 ML (Medical Leave) throughout the year.

Kindly let me know whether she will be given unpaid leave or if it will be deducted from her CL balance. I am quite confused about this situation. Kindly suggest.

Thank you.

Casual leaves are defined types in various organizations. Casual leave is not a recognized form of leave and is not subject to any rules made by the Government of India. Casual leaves are essentially intended for short periods. In many companies, CL will not be granted for more than 5 days at any one time, except under special circumstances.

It also depends on the leave policy of the organization, wherein they allow CL to be prefixed or suffixed with public holidays and weekly offs. When the employee herself requests leave without pay, then I don't think you should have a problem with that. Again, I don't have much clarity in this case regarding the leave policy of your organization. Hence, my answers have limitations.

Regards

If she has not availed of last year's leave, she can take those leaves if your company's leave policy allows. Allowing her to take this year's leave (2013-14), considering it is only May, you can calculate till May and accordingly advise her to avail herself of the remaining days as loss of pay.

Thanks,
Devaki Reddy

I am sorry, but in my opinion, she has to go on leave without pay for 15 days unless there are some leave dues in her EL/PL account. The CL is normally granted on a proportional basis during the year.

Regards,
BS Kalsi
Member since Aug 2011

For me, I believe leave is absolutely subject to the matter of approval. So, if an employee is giving prior intimation, it means he/she is aware of the HR policies. In that case, help the associate with his/her leave balance post-approval.

Thanks,
TJ

Understanding Leave Policies and Regulations

It all depends on the policy and service regulations designed to meet the situations in each company. Leave is not a right and requires prior permission before being availed. Managers should develop professional conduct and team spirit among employees. However, to deal with unwarranted situations, there should be rules to initiate disciplinary proceedings. Unapproved leave may result in a break in service if so provided. Therefore, it all depends on your own service regulations.

Commenting on your question is a bit difficult unless the leave policy of your company is defined. As per the prevailing practice, most companies give CL for a maximum period of 3 days at a time. Sick leave without a medical certificate is granted for 3 days at a time, and with a medical certificate, the employee can avail whatever is credited to them. In certain genuine cases, advance SL of the next year is also provided. Similarly, for PL (earned leave), a minimum of three days is granted, and the maximum again depends on the company's policy.

In your case, the employee has already requested leave without pay, which you can approve if her boss has no objection. Leave without pay is an approved leave and falls well within the discipline of the organization. Absence is considered as indiscipline. In a nutshell, as per the Factories Act, an employee is eligible for one leave for every 20 days worked, and any additional leaves depend on the individual company's policy.

Regards,
Balakrishnan

Understanding Casual Leave (CL) Policies

Casual Leave (CL) is meant for unexpected and short durations. It cannot be taken for planned leave. Furthermore, it is proportionate, i.e., 1 day per calendar month. Some organizations, like banks, credit 12 days for every calendar year.

Regards,

Query on Casual Leave (CL) Policy

Please tell me, can we give CL to any employee for more than 2 days? I mean, if an employee is on leave for 10 days, can we adjust CL for the entire 10 days? Because I heard that as per the rules, it's not possible. Kindly confirm this for me.

Regards

Since your employee has asked for 15 days' leave, and you have sanctioned it, you can allow it on the basis of leaves (PL or annual leave) at credit or it can be sanctioned as Leave Without Pay. But not from CL. As mentioned by you, there are 12 days of CL at credit for the concerned employee during the period of April 13 - March 14, but as per the rule, it is to be availed during the above-mentioned period and in advance. Hence, if there is no other kind of leave to be allowed, it can be leave without pay. It is my opinion. Rest depends on the policy of your company.

Thanks,
Bijaya Kumar Sahu
Sr. Manager (HR & Administration)

Thank you all for adding your valuable comments to my query. I will certainly incorporate the ideas from all of you into our leave management system.

Thanks,
Sreelagna Mukherjee