Can I Use or Cash Out My Extra Leave Before It Expires? Does OSH 2020 Apply to Us?

Currently, I'm working in Bangalore in an ITES/BPO company. I have more than 30 earned leaves. Earned leave above 30 will lapse after 31st December 2023. I requested my manager, but they denied the encashment of my upper limit leaves and did not allow me to utilize my upper limit leaves.

Occupational Safety and Health and Working Code 2020

As per the Occupational Safety and Health and Working Code 2020, employees other than those in a supervisor/manager position can encash upper limit leave or utilize leave that will lapse. My question is whether or not the OSH 2020 code will apply to our company.

Thank you

Hi, I understand your concern regarding the encashment or utilization of your earned leaves above the limit of 30. As per the Occupational Safety and Health and Working Code 2020, employees below the supervisor/manager position are entitled to encash or utilize their upper limit leaves before they lapse.

It is important to clarify whether the OSH 2020 code is applicable to our company. I would recommend discussing this matter with the HR department or seeking clarification from the relevant authorities to ensure that your rights as an employee are being upheld.

I hope that this issue can be resolved in a fair and timely manner.

Thanks

Understanding Leave Accumulation and OSH Code

The OSH Code is not yet enforced. However, leaves are employee benefits that cannot be refused. If you apply for leave and it is declined by your supervisor, the number of leaves refused will automatically be added to the maximum leaves that can be accumulated.

For example, if you have a policy (state rule) that allows the accumulation of earned leave/paid leave up to 30 days and you have leave that will expire at the end of the month, let's say you have 40 leaves of which 10 will expire by the end of December, then you should apply for 10 days' leave. Naturally, the RO (Reporting Officer) will reject your application citing some reason. Following the RO's decision, you refrain from taking the leave. Consequently, the refused leave will be added to the maximum limit of 30 days, and the 40 days' leave will be carried forward to the next year.