Dear All,
We are revisiting our Leave policy and plan to combine Privilege Leave, Sick Leave, and Casual Leave. I need input on the following lines:
1. Is it a fair idea to combine the leaves?
2. Does our law permit such combining? (Can we seek permission from the judiciary system as a special case?)
I look forward to valuable input from everyone.
Thank you in advance.
Regards, Bhavin Vahia
From India, Ahmadabad
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6We are revisiting our Leave policy and plan to combine Privilege Leave, Sick Leave, and Casual Leave. I need input on the following lines:
1. Is it a fair idea to combine the leaves?
2. Does our law permit such combining? (Can we seek permission from the judiciary system as a special case?)
I look forward to valuable input from everyone.
Thank you in advance.
Regards, Bhavin Vahia
From India, Ahmadabad
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Its a welcome move. Make a single leave policy 'All purpose Leave'. Even we follow it.
From India, Mumbai
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From India, Mumbai
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Hi, You can club Casual Leave and Sick Leave. We have option to do this so. both put together its 12 days. but you can’t add privilege leave with this.
From India, Madurai
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From India, Madurai
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Dear Bhavin,
I have a different opinion.
As you are aware, the HR department plays a vital role in getting such leave sanctioned. If not sanctioned, it constitutes leave without pay.
To emphasize the seriousness of such leave and to have HR control, we need to have an example:
Case 1: An employee taking leave of a shorter duration for which a phone call would be sufficient. But how do we handle it if someone goes on leave for more than 5 days on short notice (without any prior intimation)?
Why not stick with the old formula of requiring intimation for a particular type of leave?
- PL: Intimation of 1 month in advance (varies from department to department, e.g., marketing, production, accounts).
- CL: Intimation on mobile.
- SL: Intimation on mobile but with medical proof.
Following such a procedure would instill seriousness in utilizing leave and maintain discipline in the organization. I have observed organizations where senior personnel frequently took PL (short leave) without proper intimation.
For a healthy environment, we make it compulsory for employees to exhaust CL & SL; otherwise, it would lapse. This would also provide monetary control over the HR fund.
Arjun Pandav
From India, Mumbai
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I have a different opinion.
As you are aware, the HR department plays a vital role in getting such leave sanctioned. If not sanctioned, it constitutes leave without pay.
To emphasize the seriousness of such leave and to have HR control, we need to have an example:
Case 1: An employee taking leave of a shorter duration for which a phone call would be sufficient. But how do we handle it if someone goes on leave for more than 5 days on short notice (without any prior intimation)?
Why not stick with the old formula of requiring intimation for a particular type of leave?
- PL: Intimation of 1 month in advance (varies from department to department, e.g., marketing, production, accounts).
- CL: Intimation on mobile.
- SL: Intimation on mobile but with medical proof.
Following such a procedure would instill seriousness in utilizing leave and maintain discipline in the organization. I have observed organizations where senior personnel frequently took PL (short leave) without proper intimation.
For a healthy environment, we make it compulsory for employees to exhaust CL & SL; otherwise, it would lapse. This would also provide monetary control over the HR fund.
Arjun Pandav
From India, Mumbai
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Dear Bhavin,
You can combine CL & SL. The new system should be called CS (Casual & Sick Leave), which should be a maximum of 12 days per annum. Apart from this, there should be Paid Leave or Earned Leave, which should be a maximum of 24 days per annum. I hope this leave structure will help to resolve your issue.
As Mr. Arjun Pandav said, we have to make it compulsory for employees to exhaust CS; otherwise, it will lapse.
Regards,
P K Sudarsan
Senior Executive HR
From India, Chennai
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You can combine CL & SL. The new system should be called CS (Casual & Sick Leave), which should be a maximum of 12 days per annum. Apart from this, there should be Paid Leave or Earned Leave, which should be a maximum of 24 days per annum. I hope this leave structure will help to resolve your issue.
As Mr. Arjun Pandav said, we have to make it compulsory for employees to exhaust CS; otherwise, it will lapse.
Regards,
P K Sudarsan
Senior Executive HR
From India, Chennai
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The answer with reference to legal requirement depends on whether you are a factory or come under shop and establishment act, which state and whether the standing orders apply to you
From India, Mumbai
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From India, Mumbai
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As Mr. Banerjee rightly said, before hand it is advisable to check the relevant Act/Rule of your state.
From India, Ahmadabad
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From India, Ahmadabad
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Dear Bhavin,
While making the leave rules, the following points may be included:
1) The sanctioning of leave is at the discretion of the immediate superior, except in the case of SL.
2) CL and PL require prior sanctioning, and Sick leave does not.
3) More than 3 days of SL require documentary proof.
4) CL cannot be clubbed with any other leave under any circumstance, and the maximum one can avail at a time is 3 days only.
5) If all SL is exhausted, EL can be sanctioned as SL, and the same can be combined with SL if the same is exhausted in the leave period.
These are only guidelines being followed in my company and approved by RLC.
Regards,
Santosh
From India, Kannur
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While making the leave rules, the following points may be included:
1) The sanctioning of leave is at the discretion of the immediate superior, except in the case of SL.
2) CL and PL require prior sanctioning, and Sick leave does not.
3) More than 3 days of SL require documentary proof.
4) CL cannot be clubbed with any other leave under any circumstance, and the maximum one can avail at a time is 3 days only.
5) If all SL is exhausted, EL can be sanctioned as SL, and the same can be combined with SL if the same is exhausted in the leave period.
These are only guidelines being followed in my company and approved by RLC.
Regards,
Santosh
From India, Kannur
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Dear Mr Saswat, We are a Factory based at Gujarat and Model standing orders are applicable to us Regards, Bhavin Vahia
From India, Ahmadabad
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From India, Ahmadabad
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In that case, the only rule that directly applies as a limiter is to provide one day of leave for every 20 days of work (including weekly off, paid holiday, and approved leave). Higher leave and better provisions are, of course, allowed. In view of this, the suggestions given by members are, of course, correct. You will need to make the changes in the standing orders and get the same certified to implement your new/proposed leave rules.
From India, Mumbai
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From India, Mumbai
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Dear Saswata Sir,
As you mentioned in the above post that 20 days of work (including weekly off, paid holiday, and approved leave), I think 20 days of work equals 01 EL. (20 days means 20 days of working, not including weekly off, paid holiday, approved leave). Please suggest if I am wrong.
From India, Dehra Dun
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As you mentioned in the above post that 20 days of work (including weekly off, paid holiday, and approved leave), I think 20 days of work equals 01 EL. (20 days means 20 days of working, not including weekly off, paid holiday, approved leave). Please suggest if I am wrong.
From India, Dehra Dun
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No law prevents you from clubbing of leaves. But the same is to be permitted under special circumstances and by & large, with pre-approval.
From India, Mumbai
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From India, Mumbai
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In the first place, provisions of the Factories Act shall be applicable to the workers of the factory.
Secondly, there is no system of taking permission from the judiciary.
Thirdly, you can formulate the policies and guidelines for managers and include them as terms and conditions in the appointment letter being issued.
Regards,
From India, Delhi
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Secondly, there is no system of taking permission from the judiciary.
Thirdly, you can formulate the policies and guidelines for managers and include them as terms and conditions in the appointment letter being issued.
Regards,
From India, Delhi
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Factories Act says:
Sec 79. Annual leave with wages
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of:
* if an adult, one day for every twenty days of work performed by him during the previous calendar year;
* if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation 1: For the purposes of this sub-section:
* any days of lay-off; by agreement or contract or as permissible under the standing orders;
* in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks;
* and the leave earned in the year prior to that in which the leave is enjoyed;
shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2: The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
So, paid holidays and approved leave are counted in days worked. Since the worker needs to be paid for the weekly off, as per the Factory Act and Payment of Wages Act, that also is to be counted as worked.
From India, Mumbai
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Sec 79. Annual leave with wages
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of:
* if an adult, one day for every twenty days of work performed by him during the previous calendar year;
* if a child, one day for every fifteen days of work performed by him during the previous calendar year.
Explanation 1: For the purposes of this sub-section:
* any days of lay-off; by agreement or contract or as permissible under the standing orders;
* in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks;
* and the leave earned in the year prior to that in which the leave is enjoyed;
shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2: The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
So, paid holidays and approved leave are counted in days worked. Since the worker needs to be paid for the weekly off, as per the Factory Act and Payment of Wages Act, that also is to be counted as worked.
From India, Mumbai
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Sir 01 day Leave= 20 days working my question is:- 20 days working including weekly off, Holiday, Festivals or excluding the same. kindly clarify .
From India, Dehra Dun
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From India, Dehra Dun
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Dear Anuj,
20 days of working would include Weekly off, Holidays & Festivals.
"Explanation 2: The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave. So, paid holidays and approved leave are counted as days worked. Since the worker needs to be paid for the weekly off, as per the Factory Act and Payment of Wages Act, that also is to be counted as worked."
Regards,
Arjun Pandav9
From India, Mumbai
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20 days of working would include Weekly off, Holidays & Festivals.
"Explanation 2: The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave. So, paid holidays and approved leave are counted as days worked. Since the worker needs to be paid for the weekly off, as per the Factory Act and Payment of Wages Act, that also is to be counted as worked."
Regards,
Arjun Pandav9
From India, Mumbai
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Dear Mr. Arjun,
I doubt leave can be earned on the days not physically worked. Of course, for computation of eligibility of 240 days, all the off days, paid leave, etc., can be taken into account. The relevant provision of the Factories Act has already been posted by our respected member Mr. Saswat Banerjee. Please advise.
Regards,
T M Rao
From India, Jamshedpur
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I doubt leave can be earned on the days not physically worked. Of course, for computation of eligibility of 240 days, all the off days, paid leave, etc., can be taken into account. The relevant provision of the Factories Act has already been posted by our respected member Mr. Saswat Banerjee. Please advise.
Regards,
T M Rao
From India, Jamshedpur
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Dear Sir,
There is no statutory position or Act governing the leaves of CL and SL. However, there is a statutory provision for PL in the Factories Act. The PL procedure is clearly outlined in the Act.
Consequently, CL and SL can be combined, and PL can also be combined in continuation of CL and SL at the management's discretion, with the aim of enhancing employee facilities and fostering cooperation. There are no strict rules regarding this.
D. Gurumurthy HR, LL, IR Consultant Hyderabad.
From India, Hyderabad
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There is no statutory position or Act governing the leaves of CL and SL. However, there is a statutory provision for PL in the Factories Act. The PL procedure is clearly outlined in the Act.
Consequently, CL and SL can be combined, and PL can also be combined in continuation of CL and SL at the management's discretion, with the aim of enhancing employee facilities and fostering cooperation. There are no strict rules regarding this.
D. Gurumurthy HR, LL, IR Consultant Hyderabad.
From India, Hyderabad
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Leave Policy.doc