Understanding CL in Leave Rules: Can It Be Planned in Advance or Not?

Dear all,

Can you please share the definition of CL as per the Leave Rules and clarify my doubt regarding whether it can be planned in advance or not? If not, then where is it written in the act?

Regards,
Surender

As far as I know, no Indian Labor Law defines "Casual Leave," though some of them provide for a certain number of days under the head of casual leave to be granted to employees in every calendar year. One of the literary meanings of the word 'casual' is "happening by chance," which would be contextually appropriate to define "casual leave" in the realm of employment. It is in addition to other kinds of leave such as Earned Leave, Sick Leave, etc.

Generally, 'leave' means the permission granted to an employee to be away or absent from work. As such, casual leave is a permission to be away from work for some short spells necessitated by certain unforeseen circumstances or occasions by chance like sudden illness of the employee or his family members, occasional discharge of social commitments like attending a friend's or neighbor's family function, etc. However, it can only be availed of subject to prior sanction of the employer.

Thank you for your response and for sharing your views. My query is regarding the advance application of Casual Leave (CL) in situations where certain conditions, as you have mentioned, are not occurring by chance. I have checked the Punjab Shops and Establishment Act as well as the National Holiday SL and CL Act of 1965, which clearly states that CL can be applied for in advance.

Therefore, my question pertains to whether there is any written statement, specifically in Indian law or any relevant act, that explicitly prohibits the advance application of CL for personal use, except for short spells necessitated by unforeseen circumstances such as sudden illness of the employee or their family members, or occasional discharge of social commitments like attending a friend's or neighbor's family function.

While we are aware of the conditions under which CL can be availed, I am seeking clarification on whether there exists any written provision that strictly prohibits the advance application for CL.

Your feedback on this matter would be greatly appreciated.

Regards, Surender Kumar

Dear Surendar, if you read my answer once again, you'll understand that I've already addressed this. Any leave is subject to prior sanction, meaning it has to be applied for in advance. The application process depends on the type and duration of leave intended by the employee, including the format of the application, the administrative hierarchy through which the application should be submitted, and any alternative arrangements. These procedural formalities are typically outlined in the organization's leave manual by the employer.

Regarding casual leave, there is a possibility that an employee may suddenly fall ill on the way to the office or workplace and need to request casual leave orally via phone, submitting a written application later. Similarly, if an employee plans to attend a wedding scheduled for the following week, they may request 3 days of casual leave in advance to seek prior approval. The utilization of casual leave is primarily based on convenience or emergency situations, while the procedural aspects of application submission and approval are subject to logical discretion. As such, specific regulations on these matters may not be found in statutes or rules.

Thank you.

Casual Leave: This type of leave is granted for certain unforeseen situations or when you are required to take one or two days off. It can be applied for in advance. No employee is expected to be absent without prior notice except for truly unforeseen reasons. Even then, it is the responsibility of the employee to inform their employer. Some state rules allow employees to take Casual Leave without prior notification as well.

Casual leave is for urgent and unforeseen matters that are not planned, usually taken on the same day or with a few days' notice. If you are hired after January 1, you will be entitled to a pro-rated number of casual leave days (at the rate of 0.5 days per month). Casual leave cannot be carried forward to the next calendar year and is not paid out upon termination or resignation.

Thanks and Regards,

From

CL is not earned leave. This is different from all other leaves, and casual leaves can be taken at any time in the month.