How to Handle Denied Long Leave Request Despite Having Ample Leave Balance?

I am working in an MNC construction company. I have 27 years of experience and 300 days of PL. I applied for leave on 30-09-2016 to take leave from 07-11-2016 to 15-02-2017 for 97 days. The letter issued by the project manager stated that only 15 days of leave were granted, and I was asked to report on 22-11-2016. Currently, I am in the USA at my son's home, incurring additional costs. I requested an extension through a letter, but it was denied by the project manager. My retirement date is 30-03-2018. I seek suggestions on how to proceed.

Evaluating Your Leave Situation

In your 27-year-long career, you have acquired sufficient experience. Therefore, by now, you should be aware of how things are handled in your company. However, the question arises: was the entire 27-year period spent in one single company or in different companies? On what basis did you conclude that you have a 300-day balance of PL?

While applying for the long leave, you could have obtained consent from the management. I doubt whether the Project Manager can sanction such a long leave. What is permissible in his summary power that he has exercised? Before proceeding to the USA, you could have submitted an application for the sanction of long leave, acquired approval, and then applied for leave based on this approval. Proceeding abroad without proper approval does not justify your extensive experience.

You may speak with the MD or Business Head of your company and inquire about their views. In the meantime, determine what is more expensive—whether to shorten your leave and return to duties or request Leave Without Pay (LWP). You may conduct a Cost-Benefit Analysis (CBA) and make the correct decision.

Thanks,

Dinesh Divekar

Thank you for your reply, Sir. Yes, I have been with the same company for 27 years. My personal leave balance sheet shows 300 days of leave as a balance. I submitted a leave request only after discussing it with the Head of Department (HOD), who approved it, and I have proof of this approval. However, the Project Manager (PM) did not approve it. This is the first time in my career that I have encountered a situation where the HOD approved, but the PM did not.

I am being asked to resign voluntarily due to some internal politics, unofficially. Taking such a long leave, even if I choose to go over Loss of Pay, which I am ready for, doesn't seem to work. I feel like they are looking for a cause to get rid of me.

Standing Orders and Leave Approval Process

Further to what Dinesh Divekar mentioned, what are the Standing Orders in your company? Generally, in most large companies, any long leave (the definition of 'long' can vary from company to company) is to be availed only after the concerned Functional Head approves, not just the HOD.

In cases where overseas travel on personal grounds is also involved, the approval process usually has to go further higher.

However, based on what you mentioned about the company looking for ways to pack you off (whether rightly or not), maybe it could be for your own good in the long run? Just give this a thought.

With your experience of 27 years in the construction sector, I am sure you would be able to get another job that is better paying and with higher responsibilities—at your comfort level. More so, with the construction sector in India likely to go up, this is a very viable possibility.

I would suggest that you ensure you get your dues completely and look for other openings—you can sync your efforts with your date of return to India. If they figure out that you are serious about moving out, getting your dues (which I am sure would be high, including Gratuity) may be smoother.

I can recollect a quote by Alexander Graham Bell (the inventor of the Telephone): "When one door closes, He opens other doors for us; but we so often miss seeing them as we keep staring at the closed door."

All the best.

Regards, TS

Construction Industry Dynamics

I do not know what your exposure to the construction industry is; nevertheless, things like "Standing Orders" do not matter in this sector. Though it has grown phenomenally, this sector is yet to acquire that kind of maturity or professionalism. The "Thekedar-Munshiji" culture is ingrained in their DNA. In many companies, Project Managers are held at par with gods. Personal loyalty to the PM is mandatory.

The companies in this sector are heavily owner-driven. The turnover may reach even thousands of crores, but in many companies, it is still a one-man show. More than scientific civil engineering practices, owners are well aware that they grow more because of manipulation and ingratiating government authorities. The administration style is heavily paternalistic, and dissent and agreements are frowned upon. Legal dues of the employees are treated as if they were "noblesse oblige." Part of the ills of this sector arises because the government did not appoint any regulator, the way the insurance, airlines, and pharma sectors have.

Handling Leave Approvals

Against this backdrop, the originator of this query should have obtained approval for his leave from the owner of the company and then proceeded abroad. He has written that "he is being asked to resign voluntarily." The statement shows he is no longer in the good graces of the top boss. Nonetheless, he can still activate contacts with the top boss and obtain approval for his leave.

Thanks,

Dinesh Divekar

Navigating Internal Dynamics in the Construction Sector

Hello Dinesh Divekar, I too am happy to be back, but I guess it will be in spells until sometime.

Coming to the query raised in this thread, if what you mention is the reality in the construction sector, then my suggestions would, in all probability, be more applicable.

In organizations where personal loyalties matter more than professional aspects, there will usually be pockets of such loyalty within the same organization. The owner would have his group of loyalists, the project manager his own set of coterie, the head of department his own small group of loyalists, and so on at every stage right from the bottom rung—a very messy environment where professionals would find it suffocating.

The only aspect I find strange in the details mentioned by the thread initiator is, with 27 years of stay in the same company, I don't quite understand how he didn't know the internal wheels within wheels and the wheelers and dealers within the company. Or is there more to it than what's been mentioned? I am not sure of this.

Even if he were to find a way to get to the owner and get back-dated approval for his long leave, there's surely no guarantee that the project manager wouldn't seek to find other ways to make him leave later on. After all, everyone wouldn't be perfect for an extended period of time, and small mistakes do occur.

In such a scenario, it's better to prove oneself elsewhere than at the same place, where there are chances that he may be put into trouble anytime again, or at least as long as the project manager works there.

I would suggest he focus on exiting smoothly and getting his rightful dues without any hassles and then move on in his career and life.

Regards, TS

Leave Policy and Next Steps

Check the leave policy regarding the maximum leave you can take in a year. If you don't have written approval for leave, it's better to join back. Check with your HR Department. Usually, companies do not allow employees to take the entire leave balance at once. If they are not accepting your request for LOP/extension of leave, submit your resignation or rejoin. As you mentioned, if it is a politically motivated move, they will find ways to send you out regardless. With your rich experience in the company, it is better to transition smoothly and seek a better opportunity.

Thank you.