Understanding Leave Eligibility: Who Qualifies for PL, SL, and CL in Different Employment Stages?

Dear Sir/Madam,

I would like to know the rules regarding leave, i.e., PL, SL, CL. Specifically, who is eligible for leaves:

1) Those who have just joined
2) Those who are on a probation period
3) Those who have completed one year and confirmed.

Please explain in detail at your earliest convenience.

Thanks and regards,
Kishor

Dear Kishore,

Every person is eligible for CL, SL, and EL. For CL and EL, there is no need for completion of one year and no need for a probation period. Every employee has the right to get these leaves from the joining date. In the case of SL, no person can get more than 2 leaves; if more than two SLs are needed, the employee should show a medical certificate. However, for EL, an employee can get EL after completing one year of the job. EL depends on the present days of the employee in the previous year. For example, if an employee had 280 days in the previous year, they can get 14 EL in the year. The formula for EL is (Present last year/20). If an employee leaves the job, the company will pay for their balance EL, also known as encashment of leave.

I hope this information helps you.

Regards,
Raj

Hi Kishor,

For leave applicability, you have to first determine:

1. Which Act your company or organization comes under and which acts are applicable to it (e.g., Factory Act, Shops & Establishment Act, Apprentice Act, Maternity Act, Sales & Promotion Act, Contract Labour Act). Different acts have varying provisions for leave.

Under the Factories Act:

1. EL - 12 days
2. CL & SL - Not mentioned in the act (Companies can decide as per their preference)

2. Apprentice Act - Refer to the act

3. Shops & Establishment Act - Different acts per state. Refer to your state's Shops & Establishment Act.

4. Contract Labour Act - Refer to the act

5. Maternity Act - Refer to the act

ALSO, EMPLOYEES MUST FALL UNDER THE DEFINITION OF WORKMEN.

Your questions:

1) FOR NEW JOINEES

Define the first category of employees as listed below:

- Permanent Employee
- Contract Employee
- Trainee
- Apprentice

Different leave entitlements apply based on the act. Refer to the relevant act.

2) FOR EMPLOYEES ON PROBATION PERIOD

Per company policy, many companies do not grant any leave except LWP (Leave Without Pay) during the probation period.

3) FOR EMPLOYEES WHO HAVE COMPLETED ONE YEAR AND HAVE BEEN CONFIRMED

EL, CL, SL are all applicable.

Anju

Dear Kishor,

I have read your article and would like to share some information regarding leave which might be very much useful to you.

As regards CL & SL, it is based on the Shops Act applicable to the organization according to the state in which it is located or as per the prevailing leave policy of the organization based on the Shop Act of the state.

Every employee whether on probation or confirmed is entitled to get the leaves of all types, as there is no word like probation.

For example, in my organization situated in Delhi, we used to give CL (07), SL (05), and PL/EL (15) according to Delhi Shops Act and it is applicable to all employees whether new joiner, Probationer, or confirmed.

We credit 01 leave to his leave account on the 21st of each month. The employee may take it as CL or SL based on his need. Every employee is entitled to get 02 SLs without producing any medical certificate or 05 based on the availability of SLs in his leave account. Each employee will get a maximum of 03 CLs at any time, that too based on the availability of CLs in his leave account.

Every employee is entitled to get at least 05 PLs/ELs on completion of 04 months. Generally, the leave calendar is taken as January to December; therefore, 05 PLs should be credited to his account on the last day of April, August, and December, irrespective of his status and type (Probationer or confirmed) in the organization. Hope it works out.

For any further queries, please feel free to contact me.

Thanks,

Amit
amitkrgera@gmail.com

Dear Kishore,

Find below a sample format of Leave policy.. hope it will help you to prepare the same at your end...

Leave Management:

Leave management process comprises of provide employees with a leave application, the approval process, leave card maintenance, year-end updating, providing delegation profiles for approval, managing leave corrections. Analyze absenteeism.

Rules of Leave Management

FOR EMPLOYEES / CONSULTANTS / APPRENTICE

1. All employees/consultants are entitled to the following paid leaves during the course of year from January to December.



• Privilege Leave (PL) – Employees/Consultants are entitled to 21 days of privilege leave. ( at the rate of 1.75 leave for the period of one month working which includes CL and SL but not Leave Without Pay)These leave will be earned and added every month for each employee. Continuous employment of twelve months privilege leave of __ days with full pay, But PL will be sanction proportionate to his period of employment in current year. During the period of twelve months sickness, accident, declared holidays and sanctioned leave will be treated as continuous employment. In a year one has to minimum one lot of 10 PL and rest can be shorter. Unused PL's will be carried forward to the next year as per company rules and regulations. For the accumulated leave before lapses will be informed one month in advance in writing. He/She will be required to inform to the immediate supervisor for his/her intention to go on leave and also provide information about which part of the year he would like to avail leave. If he/she has not informed well in advance as required and not utilized his/her leave he/she will not be entitle for the in excess of __ The employee/consultant is entitled to receive basic pay for unused privileged leave over __ days. Employees can accumulate privilege leave up to a maximum of __ days. All leave in excess of 42 will be lapsed, However at the end of 3 years of service employee is entitled to receive basic pay for the unused PL leaves.



• Sick Leave (SL) – Employees/Consultants are entitled to 7 days of Sick leave per year. This leaves have to be utilized with in one year and will not be carried forward to the next fiscal year. Such leave for more than 2 days need to be supported by certificate from Valid Medical Professional ( Doctor).



• Casual Leave – Employees/Consultants are entitled to 7 days of Casual leave. This leaves have to be utilized with in one year and will not be carried forward to the next fiscal year. One can avail maximum 3 such leave simultaneously.



2. All Apprentices are entitled to 12 CL & 15 ML during their Apprenticeship. Apprentices are not entitled to any PL.

3. Clubbing of leave with PL and CL or CL and SL is not permitted

4. All the holidays and weekly off between start date and end date of leave will be treated as leave.

5. All employees/consultants/apprentice should inform their immediate managers regarding their utilizing PL and CL at least 15 days in advance if they are going on leave for more than 3 days, so that proper workload management is planned by the authority. In case of Sick Leave employees should inform their immediate managers about the number of days they will not be able to come to work and should regularly update them if the sickness prolongs than expected.

6. In the normal circumstances, no leave is to be availed during the period of probation. However, in case there are valid reasons requiring employee to be on leave on account of personal exigencies or sickness, the same may be sanctioned on pro rata basis by the concerned supervisor.

7. An employee who has completed 2 years with the organization can avail 12 weeks of Maternity leave for her 1st child. In case of any illness or complications arising out of pregnancy, the employee is entitled to a maximum of One month leave over and above the 12 weeks of Maternity leave on producing required Medical Certificates. In case of delivery of the 2nd child, the employee can avail 12 weeks of Maternity leave but it will be treated as “Leave Without Pay”.

8. Employees/Consultant/Apprentice are suppose to apply for leave through application form as per Form No XXXX

9. Employees/Consultants/Apprentice will be given Leave Application Card, which has to be filled prior to or immediately after taking a leave. This Leave Application Card has to be up to date, as it has to be submitted to HR Department for Monthly Salary Processing.

10. Any employee/consultant/apprentice who is on leave without informing his supervisor for more than 3 days will be treated as a termination case.

11. Any employee/consultant/apprentice who is late to office for more than 3 times in a month, it will be treated as half day PL or “Leave Without Pay” in absence of PL

12. In/Out Register has to be signed while leaving office during office hours for personal/official work.

13. Any person who is out of office for more than 4 hours in a day for any personal work, it will be considered as half day for him/her.

Leave Card Maintenance

HR department suppose to maintain Leave card of each employee before processing of monthly attendance sheet for salary. CL and SL need to be added on the 1st January of every month as per eligibility for the same on pro-rata basis for the period of employment with the organization. For employee and consultants PL are to be added every month at 1.75 per month pro-rata basis of total present days and leave including PL,CL, but not on Absentees .LWP against total working days.

Holidays

All employees are entitled to the following paid leaves from January to December.

Total Holidays limited to 10 holidays

1. 1st January

2. 14th January(Uttarayan)

3. 26th January(Republic Day)

4. Dhuleti

5. 15th August(Independence Day)

6. Rakshabandhan

7. Jnamstami

8. Dasera

9. Diwalee

10. Bestu Varsh

11. Bhai Bij

12. Christmas

If any day is Sunday it will be adjusted during diwalee days if it is less than 10 days

The list for the exact date and number of days for each holiday will be circulated to all employees at the beginning of the year.

ALL EMPLOYEES

Leave of Absence: The Leave of Absence (LOA) policy exists to allow regular employees extended time off in order to recover from medical disability, satisfy military service obligations, handle pressing personal obligations, or to maintain continuity of service for situations in which an employee might otherwise be terminated (i.e. working on a co-op program through a local school or university). A personal LOA may be granted at the discretions of the Company and may depend on business needs at the time of the request. A LOA must be approved by the Company CEO.

Employees will not accrue PTO days while on leave.

If an employee advises the Company that he or she desires to return from a LOA and if the Company extends the employee an offer of either his or her former position or one of like pay and status, the employee's failure to accept the position will be considered a voluntary resignation.

If an employee has been granted a LOA and fails to return to work at the end of the leave, his or her employment will be terminated as of the date the employee was due to return to work, unless prior arrangements have been made for an extension.

Acceptance of other employment while on LOA will be treated as a voluntary resignation from employment with the Company.

The Company will make every effort possible to return the employee to the same job. It is the Company's intent to return employees to their previous position, unless unusual or unavoidable circumstances occur. Reinstatement to the employee's prior position after a LOA lasting over 6 weeks may be subject to the Company's prevailing needs and job openings.

Eligibility for Leaves with Pay: The following policies on leaves with pay apply to eligible regular full-time employees.

Regards,

Amit Seth.

Dear Kishore,

Kindly find the attachment.

With regards,
Deepak