I need to know whether the casual leave will affect a person's medical leave. I mean, if an employee has 15 days of casual leave and now takes one month of medical leave, will the 15 days of casual leave be deducted from this medical leave? Also, will the Loss of Pay (LOP) be for the remaining 15 days of the 30 days of medical leave? Please clarify my doubt. I need the solution based on private companies.
From India, Vellore
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From India, Vellore
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Hi,
All private companies have their own policies. Can you explain the leave policy of your company? How many leaves does each employee benefit from?
As per the labor act, every person should receive 10 sick leaves per annum, and even earned leave (EL) is applicable. EL should be calculated as 1 EL per 20 days worked.
If an employee exceeds the allotted leaves, they may lose salary. If the employee has ESI benefits, they can claim the same wages from ESI.
From India, Bangalore
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653All private companies have their own policies. Can you explain the leave policy of your company? How many leaves does each employee benefit from?
As per the labor act, every person should receive 10 sick leaves per annum, and even earned leave (EL) is applicable. EL should be calculated as 1 EL per 20 days worked.
If an employee exceeds the allotted leaves, they may lose salary. If the employee has ESI benefits, they can claim the same wages from ESI.
From India, Bangalore
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In our company, we have 10 CL, and we do not have ESI. EL is included in CL. I have a query: if a person takes a medical leave for 30 days, will the 10 days of CL leave be affected by the medical leave?
From India, Vellore
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From India, Vellore
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Dear Gdivyagopal,
I have reviewed your concern. According to the provisions contained in the legislation, no merger or continuation is allowed with CL/SL/EL. If one proceeds on medical leave, they will be granted medical leave to the extent of their eligibility, and the remaining days will be without pay. A similar situation applies to other types of leave.
P. K. Sharma
From India, Delhi
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I have reviewed your concern. According to the provisions contained in the legislation, no merger or continuation is allowed with CL/SL/EL. If one proceeds on medical leave, they will be granted medical leave to the extent of their eligibility, and the remaining days will be without pay. A similar situation applies to other types of leave.
P. K. Sharma
From India, Delhi
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Mr. Jeevarathanam has replied aptly, if your company does not have Sick Leave or Earned/Privilege Leave (which I surprise) then after adjusting the CL all leaves will be LOP/LWP
From India, Ahmadabad
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From India, Ahmadabad
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Hi, Divyagopal,
It is surprising that you do not have any PL or EL in your company, yet you mention having 15 days of CL. Is this in line with company rules? I have not encountered a 15-day CL allowance before; typically, the maximum CL days are 10-12 per year. If indeed 15 days of CL are granted, what about statutory leaves, known as EL/PL? Your statement likely refers to PL/EL and not CL. If you require further clarification, please continue your query in this thread.
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels) Rtd
Labour Laws Consultant
From India, Bidar
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It is surprising that you do not have any PL or EL in your company, yet you mention having 15 days of CL. Is this in line with company rules? I have not encountered a 15-day CL allowance before; typically, the maximum CL days are 10-12 per year. If indeed 15 days of CL are granted, what about statutory leaves, known as EL/PL? Your statement likely refers to PL/EL and not CL. If you require further clarification, please continue your query in this thread.
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels) Rtd
Labour Laws Consultant
From India, Bidar
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Dear sir I am working in service company, & having only 12 CL, & we are asking for EL ,SL.But HR says onsite people have only CL.What should we do?
From India, Pune
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From India, Pune
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Best policy: Provide 2 leaves per month (24 leaves per annum), easy to calculate. Anyone can take all 24 leaves at one time.
1 leave is equal to 15 days of working, 2 leaves = 30 days of working, and so on.
While doing FnF, take the base from 1 Apr to the day he worked.
e.g.
1) An employee who is on your payroll dated on 01.04.2014 resigned from the job on 14 Sept 2014. Had taken 3 leaves. So leave calculation will be:
Earned leaves during the Financial year: April 2 + May 2 + June 2 + July 2 + Aug 2 + and Sept 1 = 11 - 3 leaves taken by the employee = 8 leaves subject to encashment.
2) An employee who is on your payroll dated on 01.04.2014 resigned from the job on 16 Sept 2014. Had taken 3 leaves. So leave calculation will be:
Earned leaves during the Financial year: April 2 + May 2 + June 2 + July 2 + Aug 2 + and Sept 2 = 12 - 3 leaves taken by the employee = 9 leaves subject to encashment.
3) An employee who is on your payroll dated on 01.04.2014 resigned from the job on 16 Sept 2014. Had taken 15 leaves. So leave calculation will be:
Earned leaves during the Financial year: April 2 + May 2 + June 2 + July 2 + Aug 2 + and Sept 2 = 12 - 15 leaves taken by the employee = -3 leaves subject to loss of pay (Subject to recovery) from the final salary.
Provide 1/3rd as encashment and do not allow the employee to carry forward the leaves.
So every year, you will be responsible for calculating leaves for 1 employee = 24 leaves.
On every 31 March, no one will have leave balance so less headache. :-)
-Pankaj 9860663017
From India, Pune
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1 leave is equal to 15 days of working, 2 leaves = 30 days of working, and so on.
While doing FnF, take the base from 1 Apr to the day he worked.
e.g.
1) An employee who is on your payroll dated on 01.04.2014 resigned from the job on 14 Sept 2014. Had taken 3 leaves. So leave calculation will be:
Earned leaves during the Financial year: April 2 + May 2 + June 2 + July 2 + Aug 2 + and Sept 1 = 11 - 3 leaves taken by the employee = 8 leaves subject to encashment.
2) An employee who is on your payroll dated on 01.04.2014 resigned from the job on 16 Sept 2014. Had taken 3 leaves. So leave calculation will be:
Earned leaves during the Financial year: April 2 + May 2 + June 2 + July 2 + Aug 2 + and Sept 2 = 12 - 3 leaves taken by the employee = 9 leaves subject to encashment.
3) An employee who is on your payroll dated on 01.04.2014 resigned from the job on 16 Sept 2014. Had taken 15 leaves. So leave calculation will be:
Earned leaves during the Financial year: April 2 + May 2 + June 2 + July 2 + Aug 2 + and Sept 2 = 12 - 15 leaves taken by the employee = -3 leaves subject to loss of pay (Subject to recovery) from the final salary.
Provide 1/3rd as encashment and do not allow the employee to carry forward the leaves.
So every year, you will be responsible for calculating leaves for 1 employee = 24 leaves.
On every 31 March, no one will have leave balance so less headache. :-)
-Pankaj 9860663017
From India, Pune
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Dear Pankaj,
The company policies can never supersede the provisions contained in the respective legislatures. The calculations or allotment of leaves should not be based on simple or smooth calculations.
The purpose and meanings of each leave are different, which should also be considered. The CL/SL are meant for urgent and casual purposes, and no provisions for encashment are provided in the legislature, whereas the earned leaves are calculated as per the actual working of the person concerned, and certain conditions are laid down for availing it.
P K Sharma
From India, Delhi
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The company policies can never supersede the provisions contained in the respective legislatures. The calculations or allotment of leaves should not be based on simple or smooth calculations.
The purpose and meanings of each leave are different, which should also be considered. The CL/SL are meant for urgent and casual purposes, and no provisions for encashment are provided in the legislature, whereas the earned leaves are calculated as per the actual working of the person concerned, and certain conditions are laid down for availing it.
P K Sharma
From India, Delhi
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Referring to the thread by GDivyagopal. Please mention the details of your company, whether the same company is covered under the CS&E Act or the Factories Act. The number of leaves varies depending on which Act your establishment is covered by.
Irrespective of the Act, you have to provide CL and Medical Leave, in addition to EL/PL as per the relevant provisions of the above Act(s).
Thanks,
R K Nair
From India, Aizawl
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Irrespective of the Act, you have to provide CL and Medical Leave, in addition to EL/PL as per the relevant provisions of the above Act(s).
Thanks,
R K Nair
From India, Aizawl
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