Hi,
My query is regarding Privilege Leaves. If an employee has only 7 PL and utilizes 5 at a time, it leaves only 2 in her kitty. So how can she later utilize it? If she takes the remaining 2 days together, it would be considered as Casual Leaves because, as per our knowledge, one or two days' leave taken consecutively is considered as Casual Leaves. Can she take the remaining 2 days as privilege leave itself? I would really appreciate it if you could help me with this, as this issue may lead to a conflict between the management and the employees.
Thank you
From India, Mumbai
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My query is regarding Privilege Leaves. If an employee has only 7 PL and utilizes 5 at a time, it leaves only 2 in her kitty. So how can she later utilize it? If she takes the remaining 2 days together, it would be considered as Casual Leaves because, as per our knowledge, one or two days' leave taken consecutively is considered as Casual Leaves. Can she take the remaining 2 days as privilege leave itself? I would really appreciate it if you could help me with this, as this issue may lead to a conflict between the management and the employees.
Thank you
From India, Mumbai
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It can be CL or PL. Even 1 day PL is also possible. No hard and fast rules. Pon
From India, Lucknow
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616From India, Lucknow
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There is no straight rule on this that is common across companies. Factories Act just says 1 day's leave for 20 days worked. No PL, SL, CL, etc. Bombay Shop and Establishment Act also talks of 21 days or 30 days leave. Again, no breakup. Some state S&E acts give a breakup but do not provide specific rules on how to use them.
If it is a small company, the HR makes its own rules, which are then followed by everyone. If it is a large company, check the standing orders. If standing orders are not there, then follow model standing orders. The details of leave rules are provided in the standing orders.
The normal rule is that PL must be at least 3 in a pair. Most companies instead follow a rule that you cannot take it more than twice a year. Some allow CL before PL, some allow after. So your question cannot be answered just with this information alone.
From India, Mumbai
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If it is a small company, the HR makes its own rules, which are then followed by everyone. If it is a large company, check the standing orders. If standing orders are not there, then follow model standing orders. The details of leave rules are provided in the standing orders.
The normal rule is that PL must be at least 3 in a pair. Most companies instead follow a rule that you cannot take it more than twice a year. Some allow CL before PL, some allow after. So your question cannot be answered just with this information alone.
From India, Mumbai
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Dear Jilly,
You have not mentioned what is the status of your firm. Are you a factory or a shop or what? Normally PL (in some establishments it's EL) can be utilized for one day or more than one day (not if fraction half a day). If she has only 2 days in her Cr., what prevents her from availing one day or two days together? There is no violation. Generally, there is no link between CL and PL/EL; they are not interchangeable, except in special circumstances, and that too not as a common rule "unutilized CL can be converted into PL/EL."
For example, if an employee was not granted any CL at all or there are more days in the credit of CL at the end of the year due to the inability to avail/utilize due to official work pressure (otherwise unutilized CL automatically elapses, and hence the employee totally foregoes it for no fault of her/him). In such cases, special orders are passed to carry forward unutilized CL and merge it with PL/EL either 1:1 or 2:1, etc. This type of arrangement should be a part of the firm's leave policy.
If discretion is given to appropriate officers in this regard, administration becomes easier to regulate granting leave vis-a-vis workload. In firms that follow the government's pattern of leave eligibility, CL is not merged with either PL/EL or Sick leave. However, if the leave policy delegates powers to designated officers, this can also be relaxed to tide over critical situations like hospitalization, etc.
Above all, you have to consult your own leave policy first before consulting the policies of others.
From India, Bangalore
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You have not mentioned what is the status of your firm. Are you a factory or a shop or what? Normally PL (in some establishments it's EL) can be utilized for one day or more than one day (not if fraction half a day). If she has only 2 days in her Cr., what prevents her from availing one day or two days together? There is no violation. Generally, there is no link between CL and PL/EL; they are not interchangeable, except in special circumstances, and that too not as a common rule "unutilized CL can be converted into PL/EL."
For example, if an employee was not granted any CL at all or there are more days in the credit of CL at the end of the year due to the inability to avail/utilize due to official work pressure (otherwise unutilized CL automatically elapses, and hence the employee totally foregoes it for no fault of her/him). In such cases, special orders are passed to carry forward unutilized CL and merge it with PL/EL either 1:1 or 2:1, etc. This type of arrangement should be a part of the firm's leave policy.
If discretion is given to appropriate officers in this regard, administration becomes easier to regulate granting leave vis-a-vis workload. In firms that follow the government's pattern of leave eligibility, CL is not merged with either PL/EL or Sick leave. However, if the leave policy delegates powers to designated officers, this can also be relaxed to tide over critical situations like hospitalization, etc.
Above all, you have to consult your own leave policy first before consulting the policies of others.
From India, Bangalore
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Dear Jilly,
There is no hard and fast rule that you have to take more than 2 days as PL. As the other two have explained here, it depends on Standing Orders and also from company to company. If it comes to your case, you can request management to consider it as PL as you have a balance of only 2 days when it is really necessary, explaining and giving reasons. Otherwise, it's better you maintain the balance and carry it forward without utilizing it, so that you can encash PL at the end or whenever necessary according to your company policies. I suggest you can make use of other leaves instead of bothering PL days.
Regards,
Bharghavi
From India, Bangalore
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There is no hard and fast rule that you have to take more than 2 days as PL. As the other two have explained here, it depends on Standing Orders and also from company to company. If it comes to your case, you can request management to consider it as PL as you have a balance of only 2 days when it is really necessary, explaining and giving reasons. Otherwise, it's better you maintain the balance and carry it forward without utilizing it, so that you can encash PL at the end or whenever necessary according to your company policies. I suggest you can make use of other leaves instead of bothering PL days.
Regards,
Bharghavi
From India, Bangalore
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Hi everybody.. thanks a lot for your kind advice on my query. Would like to add to the query that we are registered under the Shop and Establishment Act.
From India, Mumbai
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From India, Mumbai
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Hi,
To answer your query, it is an area where you can have a very good employee relationship. Based on the needs of the individual employee (case-by-case basis), try to sanction the available leaves, i.e., do not demarcate it as CL, SL, EL. Based on the prevailing situation of productivity, try to balance between the leaves available. That will boost the morale of the employees. It may seem like breaking the available rules and regulations; however, it may work out in practical terms.
If my view is not correct, I request my seniors to correct me.
All the best!!!
From India, New Delhi
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To answer your query, it is an area where you can have a very good employee relationship. Based on the needs of the individual employee (case-by-case basis), try to sanction the available leaves, i.e., do not demarcate it as CL, SL, EL. Based on the prevailing situation of productivity, try to balance between the leaves available. That will boost the morale of the employees. It may seem like breaking the available rules and regulations; however, it may work out in practical terms.
If my view is not correct, I request my seniors to correct me.
All the best!!!
From India, New Delhi
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Brief Kerla Shop & Establishment Act.pdf