Joining Date and Earned Leave: When Does an Employee Start Accruing EL in 2023?

If an employee's joining date is 02.09.22, are they eligible for earned leave (EL) in the year 2023, and when will the company add it to their leave account?

It depends on the leave rules/Standing Orders of the company. You may consult them. Normally, EL accrues after one year of service.

Dear, As KK Sir replied, it totally depends on your company policy/standing order. You can add it in the last month of the year or on a monthly basis.

If the employee has worked for 80 days (including the paid weekly off, holidays with pay, etc.) in the year 2022, at the rate of 20 days in a month, he will be eligible for leave in 2023. His leave would invariably be limited to one day for every 20 days physically present.

The leaves are calculated on a calendar year basis as per the Factories Act. Therefore, employees can be given leave on a pro-rata basis for the year 2022.

Yes, he/she is eligible for earned leave (EL). However, it depends on the leave rules/standing orders of the company. It will be calculated based on the employee's physical working days. If the employee joined on 2nd September 2022, then his/her physical working days are approximately 100 days, making the employee eligible for 5 days of EL.

Thanks,

Regards, Krishna

Yes, he/she is eligible for earned leave (EL). However, it depends on the leave rules/standing orders of the company. It will be calculated based on the employee's physical working days. If the employee joined on September 2, 2022, then his/her physical working days are approximately 100 days, making the employee eligible for 5 days of EL. EL is always calculated based on the calendar year.

Thanks,

Regards, Krishna

Dear Member, For eligibility of Earned Leave (EL), we need to determine which Act is applicable to the employee/worker. In general, we need to assess which of the following Acts – the Factories Act, 1948, the State applicable Safety and Environment (S&E) Act, Certified Standing Orders, the EL policy of the company (which should be more favorable than the applicable statutory law), etc., is relevant in this case. Subsequently, we need to review the applicable Act to finalize the eligibility of EL after examining the provisions within that Act.

Thank you.

Regards, R N KHOLA