Unauthorized Leave Dilemma: Should 5 Days Be Paid or Unpaid?

If an employee has a leave balance of 10 days and has taken unauthorized leave of 5 days, will this leave be without pay or with pay? Is there any specific law governing this situation, or is it at the discretion of the organization?

Thanks,
Ratna

Leave Authorization and Unauthorized Absenteeism

Whether the leave will be authorized or unauthorized will be decided by the management, not by the employee. Usually, unauthorized absenteeism is considered as without pay.

In this case, the employee has 10 days of leave in his balance. At the same time, how are the 5 days of leave unauthorized? If there is a specific reason, has the management issued him a letter stating the reason for the unauthorized leave? If not, then it is unlawful.

If the employee has taken leave without sanction or any intimation, it is better to issue him a strong advisory letter and convert the leave as authorized with pay to resolve the matter. If there is a serious issue, then please issue a letter stating the facts and reasons for the unauthorized leave without pay.

Regards, S K Bandyopadhyay (WB, Howrah)

www.usdhrs.in

Leave Sanction and Employee Responsibility

It is a settled position of law that leave is not a matter of right, but the sanction of leave is at the discretion of the organization. Where the grounds are genuine and you are satisfied, the leave can be sanctioned as the employee has 10 days' leave to his credit.

What is to be frowned upon is not the need for periodical leave but why the employee is unable to timely inform the sudden requirement to the controlling boss and others. It would be better to give a clear message in this regard in such individual cases.

Employee Leave Policies and Disciplinary Actions

Leaves given to employees by the employer are meant to be availed for attending personal commitments, domestic requirements, and/or sickness without losing any salary, so they can be at ease. If leaves are not sanctioned, then it is the mistake of the employer and reflects an absence of healthy employee-employer relations.

In the given situation, you should call the concerned employee and give a verbal/written warning to refrain from such acts. Clearly indicate that a recurrence of such or similar acts shall render the employee liable for disciplinary action, and the absence period shall be treated as a loss of pay.