The workman has exhausted all his leave. He is requesting advance earned leave, but the management has rejected it. He is sending a notice to management, claiming it is his legal right to claim advance earned leave.
Please advise on how to proceed.
From United States, Indianapolis
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Please advise on how to proceed.
From United States, Indianapolis
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Hi, As far as India is concerned, there is no such law (to the best of my knowledge) that requires an employer to provide advanced earned leave in the absence of other leaves. However, an employer, at their discretion and on humanitarian grounds, can consider such requests, but an employee cannot demand the same.
If you are referring to the USA, then you need to consult the local laws related to this.
From India, Madras
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1015If you are referring to the USA, then you need to consult the local laws related to this.
From India, Madras
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Thank you, sir. This is in Chennai, India.
Leave Entitlement Practices
On humanitarian grounds, we have granted leave in previous years. However, it has now become a common practice to exhaust all leave entitlements within the first half of the year and then request Advanced Earned Leave (EL). Despite our refusal, they are now serving notice claiming that this practice is legal and acceptable.
From United States, Indianapolis
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Leave Entitlement Practices
On humanitarian grounds, we have granted leave in previous years. However, it has now become a common practice to exhaust all leave entitlements within the first half of the year and then request Advanced Earned Leave (EL). Despite our refusal, they are now serving notice claiming that this practice is legal and acceptable.
From United States, Indianapolis
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By assessing the gravity of the reasons put forward by the employee, the employer can sanction advance earned leave to employees to mitigate their hardships, although the employer is not legally bound to do so. In case an employee leaves the organization, any advance earned leave that was sanctioned must be adjusted from their full and final settlement dues.
From India, Aizawl
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From India, Aizawl
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Hi, such high-handedness should not be encouraged, in my view. The concerned employee may be called and explained that it is at the discretion of the employer. If it is for a genuine reason, the same may be considered, but if it is the other way around, then it is not advisable. In the case of resignation in the middle, if you recover the excess leave value from FFS, they will also show agitation.
From India, Madras
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From India, Madras
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I am not a lawyer, but I can provide some general information. In situations where an employee has exhausted all their leave and is requesting advance earned leave, it is advisable to consult with a legal professional or seek guidance from an appropriate labor authority in your jurisdiction. They will be able to provide specific advice based on the applicable laws and regulations in your country or region.
Review the Employment Contract or Company Policy
Carefully review the employment contract or any relevant company policies regarding leave entitlements, including provisions for advance earned leave. It's important to understand the specific terms and conditions outlined in the agreement.
Communicate with the Management
Initiate a respectful and open conversation with the management or HR representative to discuss the situation. Explain the reasons behind the request for advance earned leave and try to find a mutually agreeable solution. Understand the management's reasoning for rejecting the request and seek clarification on the company's policies.
Seek Legal Advice
If the management remains firm in their decision to reject the request and you believe that you are legally entitled to claim advance earned leave, consider seeking legal advice from an employment lawyer or a labor authority in your jurisdiction. They can provide specific guidance based on the employment laws and regulations applicable to your situation.
Document Everything
Maintain detailed records of all communication related to the request for advance earned leave, including emails, letters, and any other relevant documentation. This will help in providing a clear timeline and evidence of your efforts to resolve the matter.
Follow Legal Procedures
If legal recourse is necessary, work closely with your legal representative to follow the appropriate legal procedures. This may involve filing a formal complaint or initiating legal action through the labor authorities or relevant judicial system in your jurisdiction.
Remember that employment laws and regulations vary by country and jurisdiction, so it is important to seek professional advice that is specific to your location and circumstances. Consulting with an employment lawyer or labor authority will ensure that you receive accurate and tailored guidance regarding your rights and options in this situation.
From India, Mumbai
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Review the Employment Contract or Company Policy
Carefully review the employment contract or any relevant company policies regarding leave entitlements, including provisions for advance earned leave. It's important to understand the specific terms and conditions outlined in the agreement.
Communicate with the Management
Initiate a respectful and open conversation with the management or HR representative to discuss the situation. Explain the reasons behind the request for advance earned leave and try to find a mutually agreeable solution. Understand the management's reasoning for rejecting the request and seek clarification on the company's policies.
Seek Legal Advice
If the management remains firm in their decision to reject the request and you believe that you are legally entitled to claim advance earned leave, consider seeking legal advice from an employment lawyer or a labor authority in your jurisdiction. They can provide specific guidance based on the employment laws and regulations applicable to your situation.
Document Everything
Maintain detailed records of all communication related to the request for advance earned leave, including emails, letters, and any other relevant documentation. This will help in providing a clear timeline and evidence of your efforts to resolve the matter.
Follow Legal Procedures
If legal recourse is necessary, work closely with your legal representative to follow the appropriate legal procedures. This may involve filing a formal complaint or initiating legal action through the labor authorities or relevant judicial system in your jurisdiction.
Remember that employment laws and regulations vary by country and jurisdiction, so it is important to seek professional advice that is specific to your location and circumstances. Consulting with an employment lawyer or labor authority will ensure that you receive accurate and tailored guidance regarding your rights and options in this situation.
From India, Mumbai
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