Is Leave Counted as Present When an Employee Returns After Suspension?

Is leave to be considered present, partially present, or fully present once an employee is reinstated after the suspension period?

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Hi, thank you for your question. When an employee is reinstated after a suspension period, the status of their leave entitlement may depend on various factors such as the company's policies, the nature of the suspension, and any agreements in place. It is essential to review the specific circumstances and relevant policies to determine how the leave should be treated in this scenario. If you need further assistance or clarification, please feel free to provide more details.

Consideration of Absence Days After Reinstatement

The days of absence from work should be considered as days worked once the employee has been reinstated. This means the days should be considered as fully present and not partially present. The salary during this period should be paid in full with allowances after deducting the subsistence allowance already paid during the period of suspension.

Any suggestion depends upon the law under which your service is employed and the grounds for placing you under suspension. Please provide complete facts.

Suspension and Employee Benefits

In certain Standing Orders, it is provided that if the suspension results in any punishment (even if it is a minor one like censure), then the employee is not entitled to any benefit except the subsistence allowance already paid.

Entitlements Upon Acquittal

In other words, if the employee is honorably acquitted of the charges, then the employee is to be treated as on duty for the suspension period and consequently entitled to the remaining salary and consequential benefits like increment, leave, bonus, incentives, promotion, protection of seniority, and other service benefits for the period of suspension. The employee is to be treated as on duty and is entitled to all consequent benefits.

In this case, it is not clear whether the employee was held guilty and punished or not. Also, the applicable rules in this regard have to be seen.

Hello, First of all, if there is any Certified Standing Order in force in the establishment, the provisions therein should be adhered to. If not, then Model standing order provisions as per the Act should be acted upon. If the suspension period has been confirmed or it has been mentioned in the order while allowing duty that no wages shall be paid for the suspension period, the employee shall not be paid any wages for the period of suspension. If the duty has been allowed pending inquiry, then also no wages shall be paid for the suspension period except subsistence allowance (up to 10 days nil, beyond 10 days up to 50% of wages and thereafter as per the provisions of Standing Orders which may extend up to 75% or be reduced to 25%, provisions may be seen for enhancement and reduction in the Act). On completion of the inquiry, the period of suspension will be treated as per the final order passed by the Disciplinary Authority.

If any further guidance is required, you can contact me via email at [Email Removed For Privacy Reasons].

Regards,
AK Jain
Retired Manager HR
Coal India Ltd