- Privilege leave earned during the previous year shall be credited to the employee's individual account on the first of January of the following year.
- Employees under probation shall earn Privilege Leave during their probationary period, and the same will be credited to their individual account only after the completion of one year or the probation period, whichever is later. An employee can avail of PL only after it is credited to their account.
- PL should be availed for a minimum period of 3 days at a time, subject to a maximum of three occasions in a calendar year.
- Both prefixing and suffixing of privilege leave with off-days or holidays are allowed.
- Intervening holidays shall be treated as part of the leave.
Casual Leave (CL)
Casual Leave can be availed for a maximum period of two days in one stretch. Any unavailed leave at the end of the calendar year shall automatically lapse. Casual Leave cannot be clubbed with any other leave category. Any national and festival holidays or weekly holidays prefixing, suffixing, or falling in between the leave applied shall not be included.
Privilege Leave (PL) will be credited to your account at the end of the year at 15 days per annum, i.e., if the employee works 20 days, 1 leave is to be given. Further, this leave can be encashed at the time of quitting the job.
Casual Leave (CL) will be provided as per the company policy, which will be lapsed at the end of the year if the employee does not use it.
Hope you can understand the difference between both.
Another difference is that earned leave is leave with wages whereas casual leave is leave with or without pay as per the provisions of the company's certified standing orders.
As per the provisions of model standing orders, it is clearly mentioned that casual leave can be either with pay or without pay. If your certified standing order does not explicitly state that casual leave needs to be paid, you do not need to pay.
Please feel free to share any differences in opinion or views.
As per clause 10 - casual leave of model standing orders in respect of industrial establishments (not being industrial establishments in coal mines), it is explained that "A workman may be granted casual leave of absence with or without pay not exceeding 10 days in the aggregate in a calendar year." This means that at the time of framing standing orders, you can define that casual leave can be without pay and get it certified from the Labor Commissioner or appropriate legal authorities. Hope this is clear now.
"CL" and "PL" are different. CL (Casual Leave) is based on company policy, while PL (Paid Leave) is earned leave. If a worker works for 21 days, they earn 1 PL or EL.
EL authorization/working is based on the Factory Act, which provides the method i.e., one day of EL for every 20 days of work after 240 days of working, whereas states have specified their own methods of authorization, as outlined in the Shops and Establishment Acts. The Factories Act does not specify CL or SL, which are detailed in the States' Shops and Establishment Acts. Casual Leave is for sudden requirements and cannot be planned.
I hope this additional information is useful.
Regards,
Col. Suresh Rathi
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