Legal Concerns with Leave Without Pay: How Do You Handle Unmarked Absences?

Dear All, I am working as an Assistant Manager of HR in a finance company in Ahmedabad. I have a question regarding a potential legal issue. We use Zing HR for attendance and payroll. Every month, we email all employees to regularize or mark leave on absent days. If they do not mark regularization or leave, we categorize it as Leave Without Pay (LWP). If any employees pursue a legal case against the company for that day, it is already marked as LWP.

Request for Documentation

I request you to provide me with any document or Gazette copy where we can state that, as per policy, if you do not mark regularization or leave, it will be counted as LWP only.

You have raised a query; however, we need a little more information. Please clarify the following:

a) In your company, do employees work from the office or work from home?

b) Why is the absence required to be regularized? Is it that employees report for work but fail to record the attendance? In that case, why is physical verification not done on the same day, and the employee's attendance not marked correctly on the same day?

c) How is attendance marked in your company? Do employees forget to mark their attendance regularly?

Thanks,

Dinesh Divekar