How Do Casual Leaves Impact Medical Leave and Pay in Private Companies?

I need to know whether the casual leave will affect a person's medical leave. I mean, if an employee has 15 days of casual leave and now takes one month of medical leave, will the 15 days of casual leave be deducted from this medical leave? Also, will the Loss of Pay (LOP) be for the remaining 15 days of the 30 days of medical leave? Please clarify my doubt. I need the solution based on private companies.

In our company, we have 10 CL, and we do not have ESI. EL is included in CL. I have a query: if a person takes a medical leave for 30 days, will the 10 days of CL leave be affected by the medical leave?

I have reviewed your concern. According to the provisions contained in the legislation, no merger or continuation is allowed with CL/SL/EL. If one proceeds on medical leave, they will be granted medical leave to the extent of their eligibility, and the remaining days will be without pay. A similar situation applies to other types of leave.

Regards,
P. K. Sharma

Mr. Jeevarathanam has replied aptly. If your company does not have Sick Leave or Earned/Privilege Leave (which surprises me), then after adjusting the CL, all leaves will be LOP/LWP.

It is surprising that you do not have any PL or EL in your company, yet you mention having 15 days of CL. Is this in line with company rules? I have not encountered a 15-day CL allowance before; typically, the maximum CL days are 10-12 per year. If indeed 15 days of CL are granted, what about statutory leaves, known as EL/PL? Your statement likely refers to PL/EL and not CL. If you require further clarification, please continue your query in this thread.

Regards,
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels) Rtd
Labour Laws Consultant

Dear sir, I am currently employed in a service company and we only have 12 CLs; however, we are requesting EL and SL. The HR department states that onsite personnel are only entitled to CL. What steps should we take in this situation? Regards,

Dear sir, I am working in a service company, and I only have 12 CL. We are requesting EL and SL, but HR says onsite people only have CL. What should we do?

Leave Policy Discrepancy

There should not be two different rules for onsite and offsite employees. Please refer to the Leave Policy of your company. Some companies have an employee handbook, while others state leaves in the Appointment Letter.

The company policies can never supersede the provisions contained in the respective legislatures. The calculations or allotment of leaves should not be based on simple or smooth calculations.

Understanding Leave Types

The purpose and meanings of each leave are different, which should also be considered. The CL/SL are meant for urgent and casual purposes, and no provisions for encashment are provided in the legislature, whereas the earned leaves are calculated as per the actual working of the person concerned, and certain conditions are laid down for availing it.

Regards,
P K Sharma

Referring to the thread by GDivyagopal. Please mention the details of your company, specifically whether it is covered under the CS&E Act or the Factories Act. The number of leaves varies depending on which Act your establishment is covered by.

Irrespective of the Act, you have to provide Casual Leave (CL) and Medical Leave, in addition to Earned Leave/Privilege Leave (EL/PL) as per the relevant provisions of the above Act(s).

Thanks,
R K Nair