Is It Legal for My Ex-Employer to Deny Payment for Earned Leave? Seeking Guidance

Hi, I need advice and guidance on a matter of earned leave. My ex-employer has denied paying me for my earned leaves, stating that under company policy, it is not allowed to encash the earned leaves for people who have stayed less than a year in the company. My query is if this is a legal and valid policy to implement. Also, no such condition is mentioned in my offer letter, and they are also not sharing the policy document with me on the premise that I am an ex-employee now and I cannot have access to company policies. Please guide and help.

Establishment Type and Leave Encashment

The poster should have mentioned the type of establishment where he was employed. Anyway, whatever the establishment and the name of the accruable leave statutorily due for encashment in case of termination of employment—E.L., P.L., or Annual Leave with Wages—its calculation and credit arise only in the second consecutive year of service in the same establishment, based on the number of actual days worked during the previous year.

Therefore, if the poster has worked in the establishment for less than a year, i.e., less than 240 days, the employer's contention would be correct.

Hi all,

I worked in my previous organization for more than 2 years, and I was terminated for some reasons. I had 15+ ELs in my account when leaving. Please suggest whether I am eligible to get paid for those earned leaves or not.

The organization deals with providing financial solutions to its clients, and the office is located in Navi Mumbai, Maharashtra, India.

Regards,
NVN.

Since your services were terminated by the employer, the employer has the responsibility to give encashment of leaves accrued by you while making F&F settlement.