Leave Enashment Eligibility During FnF

Hi CiteHR members,
Need urgent help regarding leave encashment for an employee whose FnF is pending long due to this. Is there a minimum tenure(time period) required to be served in an organization as per statute to be eligible for Leave Encashment both:-
1) While serving organization and,
2) At the time of separation during FnF calculation.
Prompt response will be highly appreciated.

Hello,
As per my knowledge, employees are eligible for leave encashment only after their probation period.
Employees who are still on probation period are not eligible for the same. Also the calculation is depends on the company policy.
Dear All, kindly correct me if there is any improvement required.

Dear
If any one completed 240 days in the assessment year he/she will be eligible for leave encashment/ Leave availing for the next year . for working day of every 20, one EL will generate .
Regards
Anurag

Dear Mr.Anurag,
The leaves are being calculated based on the calendar year basis and not on financial or assessment year which please note.
Adoni Suguresh
Labour Laws Consultant

Ms. Neha,
Your query is not in proper way. Whether you would like to know leave encasement policy or eligibility of leave ? First you clarify. If it is the eligibility criteria, even probationary period number of working days are to be considered while computing the leave.subject to completion of 240 days or two third of working days. Also note that the leaves are to calculated on calendar year basis and not on financial or assessment year., which will be made available tot the employee in succeeding year. The leave so earned by the employee either you can pay Leave salary as per his salary structure or allow him to avail as and when need which should be paid with pay subject to availability at his credit as per your company policy.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant

Adoni Suguresh Sir,
Thank you so much for your valuable input.
Further I would like to know if an employee leaves the company during his probation period would he be eligible for leave encasement ?

Dear Neha,
Leave encashment is subject to the provision of state act and employee is eligible for encashment even if he / she is on a probationary period.
Guys here I may be wrong, please through some light on this.
Regards,
Janardan

Dear all,
Even a probationer is also entitled for leave with wages and secondly majority of HR's are having wrong interpretations for entitlement base of 240 days. Entitlement of 240 days is taken into consideration where a employee is remained in employment during the whole calender year. Mr. Adoni has rightly explained the situation above. In other words, if a employee joined in March and worked for say 100 days and left the organisation, he is also eligible for leave with wages in accordance with the act.
P K Sharma

Hi Sir,
I also like to have the link to the Factory Act, so as to send it to my organisation. I left my organisation a few days ago and as per the Company Policy- For the India region - the Leave Encashment policy says - that all leaves will lapse at the time of separation and no leaves will be encashed. But for all other regions (US, UK, etc) they have leave encashment for all the leaves at the time of separation. They did not allow to compensate it against the Notice Period as well.
I came to know that Factories Act says that leave be encashed in full, but does not have a copy of the said. Will be greatful if you can help.
Thanks
Susheel Pant