Leave Rules [Thread 482119]

Hai. One employee is absent on 13th jan 2014 ( two days festival holiday 14th & 15th) so i can give i can give festival holiday two days.so 13th is loss of pay or whether shall i give CL or SL (because the employee having CL & SL.) same case one One employee is absent on 16th jan 2014 ( two days festival holiday 14th & 15th) so i can give i can give festival holiday two days.so 13th is loss of pay or whether shall i give CL or SL (because the employee having CL & SL.) Can you please guide for this two question. what is the rule according to factory act 1948

Dear friend
This case is no way connected with the Factories Act 1948. The act is not telling any rule about CL or SL. It tells only Earned leave.
This is purely depend upon the management decision/policy. Don't give leave as mentioned in your statement. He has to apply with valid reason. Otherwise treat these leave as absent. If you are not following any policy please get approval from the unit head and frame new policy for leave.
Regards
Alphonse

You can grant casual leave since it is only for 13th Jan and the same can be availed in conjunction with holidays.B.Saikumar, HR & Labour Law advisor

Greetings Premlatha,
In my opinion as per National & Festival Holidays act applicable to Tamilnadu. Only if an employee has worked for 30 days in the 90 days preceding the festival holiday will he be eligible for the festival holidays. If he has not completed the 30 days then the festival holidays can either be adjusted against his leave available (CL or PL) as the case may be.or can be treated as LOP. However, if he has completed the qualifying period he will be entitled for the holiday with wages and the leave prefixed and suffixed with the festival holiday alone can be deducted from his leave balance (i.e 13th or 16th only).
The qualifying period will not be applicable for National holidays 26th Jan, 01st May, 15th August & 2nd October.
Regards

Prema_Latha,
Normally CL cannot be combined with other leave, however it's depend on your Leave Policy. If so, you can ask him to apply for EL for 13th and treat 14th & 15th as prefixed and suffixed which is permissible in normal course. I won't support LOP taking a lenient view. If you want to punish him then LOP is the option.