Can We Take Half-Day Earned Leave? Seeking Clarity on Company Policy

Dear Seniors, can half-day earned leave be taken? If not, what is the reason for not allowing half-day EL? Can you please explain?

Thanks and regards,
Mini

Please refer to your leave policy. The terms should mention that only half of the earned leave (EL) can be availed. Generally, EL can be taken for a minimum of 3 days. In some companies, employees can avail of half-day leave, i.e., 3.5 days. However, in certain companies, this option may not be available.

I cannot give you a specific reason for that. Some companies do not allow a half-day system at all since it is cumbersome to calculate the number of days for salary purposes.

Saji has given one reason for not permitting employees half-day earned leave. I have also tried to find out whether there is any other reason. This is what occurred to me.

Leave Policies and Legal Framework

Normally, the leave policies of companies and, statutorily, the Factories Act or Shops Act of the states link the computation of earned leave to the number of days in full which an employee actually worked. They treat any fraction of the day for which an employee worked as a full day for crediting earned leave for a full day.

This apart, Sec. 79(4) of the Factories Act also states that while calculating earned leave of a worker on the basis of one day for 20 days of actual service, any fraction of leave for half a day or more shall be treated as a full day only. Therefore, when you are getting the benefit of a full day's leave even for working half a day, you will lose one full day's leave even though you attended the office for half a day. The principle of equity that must probably govern this practice is "you will lose as much as you gain."

However, if the leave policy of any company or any state law provides for such a facility of only deducting half a day's leave for half a day's attendance, the same can be made available to the employee covered by such policy or the law. This is my view only, and I have not come across any case law on this issue. If someone has it, he can enlighten us. Any other view is welcome.

Regards,
B. Saikumar

It depends on the policy of a particular company. The explanation given by Mr. Sasikumar is clearly the most logical one.

Earned Leave Policy and Flexibility

The Earned Leave can be taken for not less than 3 days, and it should be divided into 3 separate instances within a year. This means that an employee must apply in advance at least one week before taking such leave. Therefore, taking half-day EL is not permissible as per the Act.

However, in practice, some managements, in accordance with union agreements, have relaxed the EL rules, allowing employees to take one or two days or even half days of EL. This flexibility is aimed at maintaining a cordial industrial atmosphere and ensuring smooth day-to-day operations in factories and establishments.

Regards,
D. Gurumurthy
HR & IR Consultant
Hyderabad.

There are no rules but the policies of the companies. If a person does not have any other leave balance in his/her account, he/she will use the PL/EL only. What is the big deal if he/she is allowed to take a half-day EL/PL instead of LOP? This is not a subject to debate much. It is the decision of company management and should be flexible towards its employees.

Regards,
Pon

Understanding Leave Types: Casual Leave vs. Earned Leave

For half-day purposes, Casual Leave (CL) is the best resort. As the very name indicates, it is meant for casual needs, emergencies, and sudden requirements that may crop up unexpectedly. In contrast, Earned Leave, Privilege Leave, or Annual Leave is more of a planned affair. That is why prior intimation is required, and it is meant for a longer duration to provide rest and recuperation from the physical stress and strain endured.

I have never heard of any organization allowing half-day EL. If that is the case, what is the difference between CL and EL? It is not clear whether Meenu's organization has CL. Saikumar has explained the legal basis; nothing else could be considered.

Regards,
KK

The calculation of EL is solely as per the Factories Act 1948. The Act does not provide guidance on how to utilize it. It depends on the organization how they choose to use it. Normally, when there are CL or SL, EL is taken in installments of a minimum of 4 days each. However, when there are no CL or SL (which are not mandatory by law), EL can be taken in 1 day or 1/2 day. Again, this depends on the organization. I hope this clarifies the point.

Regards,
General Manager (H.R.)
Cimmco Spinners (A Division of Spentex Industries Ltd.)
Phone: [Phone Number Removed For Privacy Reasons]
Cell: [Phone Number Removed For Privacy Reasons]
Website: www.spentexindustries.com

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The particular 1/2 day fraction is not permitted in any of the leave rules. However, an employee can be permitted two and a half, three and a half, or four and a half days, but not a particular fraction of only half a day.

Regards,
Adoni Suguresh
Labour Laws Consultant