Hello Everyone,
As per Section 25 of the Tamil Nadu Shops and Establishments Act, 1947, every person employed in any establishment shall also be entitled during their first twelve months of continuous service after the commencement of this Act, and during every subsequent twelve months of such service, (a) to leave with wages for a period not exceeding 12 days, on the ground of any sickness incurred or accident sustained by them and (b) to casual leave with wages for a period not exceeding 12 days on any reasonable ground.
Question about Leave Entitlement
My question is, does leave with wages for a period of 12 days imply 1 day of leave per month, or can more than 1 day, such as 4-5 days or even 10 days, be taken in a month? If only 1 day of leave is allowed per month, will taking more than 1 day be considered a loss of pay?
Thank you in advance.
Regards, CS Surabhi Sharma
From India, Mysore
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As per Section 25 of the Tamil Nadu Shops and Establishments Act, 1947, every person employed in any establishment shall also be entitled during their first twelve months of continuous service after the commencement of this Act, and during every subsequent twelve months of such service, (a) to leave with wages for a period not exceeding 12 days, on the ground of any sickness incurred or accident sustained by them and (b) to casual leave with wages for a period not exceeding 12 days on any reasonable ground.
Question about Leave Entitlement
My question is, does leave with wages for a period of 12 days imply 1 day of leave per month, or can more than 1 day, such as 4-5 days or even 10 days, be taken in a month? If only 1 day of leave is allowed per month, will taking more than 1 day be considered a loss of pay?
Thank you in advance.
Regards, CS Surabhi Sharma
From India, Mysore
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There is no requirement that the pro rata leave earned has to be availed in that month itself. Depending on operational requirements, the availing of leave can be regulated. For instance, many organizations do not allow more than five days of CL at a time. Also, many organizations do not allow CL in excess of the pro rata calculation based on the period of service completed. For example, on completion of six months, an employee will get only 6 days of leave and not more than that. All this has to be made clear in the leave policy of the organization.
From India, Mumbai
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1593From India, Mumbai
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My query is whether CL and SL are added per month on a pro-rata basis or if the total amount of leave is provided at the beginning of the year. Secondly, should CL, SL, and PL be added at the beginning or end of the month? Please substantiate with any relevant rules.
Thanks and regards,
Shyamal
From India, Meerut
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Thanks and regards,
Shyamal
From India, Meerut
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There is no hard and fast rule in this matter; there are different practices. The general principle is that leave is earned, which means it accrues after the required service is put in. However, many progressive organizations add leave due for the next 6 months/1 year in advance. There are instances where the employee avails all leave for the year in the first few months and then does not complete the required service period, leading to recoveries on this account and other unpleasantness.
You can make a decision based on these factors in the organizational interest. To simplify matters, the advice is to allow advance credit of the whole CL at the beginning of the year with a condition that not more than 50% of it can be availed in the first six months. All other types of leave can be credited in advance as per the six-month entitlement.
From India, Mumbai
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You can make a decision based on these factors in the organizational interest. To simplify matters, the advice is to allow advance credit of the whole CL at the beginning of the year with a condition that not more than 50% of it can be availed in the first six months. All other types of leave can be credited in advance as per the six-month entitlement.
From India, Mumbai
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Tamil-nadu-shop s-and-establish ments-act-1947. pdf