Dear professionals,
I would appreciate your insights on the following matter:
We are contemplating the provision of special leave for bereavement and critical illness. The intention is to address these specific situations without formally including them in our general leave policy due to concerns about potential misuse by employees. My question is whether it is legally necessary to explicitly mention this special leave provision in our policy, and if there could be any legal implications if it is not explicitly stated. Your perspectives on this matter would be valuable.
Thank you for your input.
From India, Kochi
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13I would appreciate your insights on the following matter:
We are contemplating the provision of special leave for bereavement and critical illness. The intention is to address these specific situations without formally including them in our general leave policy due to concerns about potential misuse by employees. My question is whether it is legally necessary to explicitly mention this special leave provision in our policy, and if there could be any legal implications if it is not explicitly stated. Your perspectives on this matter would be valuable.
Thank you for your input.
From India, Kochi
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Legal Compliance and Special Leaves
Special leaves for meeting some special occasions are not a legal mandate for any employer. As long as you are providing 12 days of casual leave, 12 days of sick leave, 12 days of earned leave, and special casual leave for sterilization at the rate of six days for male employees and fourteen days for female employees under the Kerala Shops and Commercial Establishments Act, you are legally compliant. In addition to these, women employees are entitled to maternity leave. If you wish to grant leaves for specific occasions such as the death of a family member or the illness of a family member (self-illness would be covered under sick leave), it is good. However, incorporating such provisions in HR policies and leave policies could lead to potential issues in the future.
Managerial Prerogative and Employee Rights
With over three decades of experience in the field, I have observed that privileges granted can often transform into rights over time. Therefore, if special leaves are allowed, there should be specific conditions attached, and it should remain a managerial prerogative rather than an employee's right. The employee handbook/leave policy should clearly state:
"In the absence of any leave credits, the management may provide a certain number of leaves to ensure the employee's presence at home in the event of a family member's death or to care for a hospitalized family member."
It is essential to define a family member to prevent potential misuse of this provision.
From India, Kannur
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Special leaves for meeting some special occasions are not a legal mandate for any employer. As long as you are providing 12 days of casual leave, 12 days of sick leave, 12 days of earned leave, and special casual leave for sterilization at the rate of six days for male employees and fourteen days for female employees under the Kerala Shops and Commercial Establishments Act, you are legally compliant. In addition to these, women employees are entitled to maternity leave. If you wish to grant leaves for specific occasions such as the death of a family member or the illness of a family member (self-illness would be covered under sick leave), it is good. However, incorporating such provisions in HR policies and leave policies could lead to potential issues in the future.
Managerial Prerogative and Employee Rights
With over three decades of experience in the field, I have observed that privileges granted can often transform into rights over time. Therefore, if special leaves are allowed, there should be specific conditions attached, and it should remain a managerial prerogative rather than an employee's right. The employee handbook/leave policy should clearly state:
"In the absence of any leave credits, the management may provide a certain number of leaves to ensure the employee's presence at home in the event of a family member's death or to care for a hospitalized family member."
It is essential to define a family member to prevent potential misuse of this provision.
From India, Kannur
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Thank you.
We have only mentioned:
- Casual Leave (CL) / Sick Leave (SL)
- Probationary Leave (PL)
- Earned Leave (EL)
- Maternity Leave (ML)
- Paternity Leave (PL)
- Loss Of Pay (LOP)
- Compensatory Off (CO)
These leaves are in our policy.
Special Casual Leave for Sterilization Operation
Is it mandatory to mention 'Special casual leave for sterilization operation' in the policy?
From India, Kochi
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We have only mentioned:
- Casual Leave (CL) / Sick Leave (SL)
- Probationary Leave (PL)
- Earned Leave (EL)
- Maternity Leave (ML)
- Paternity Leave (PL)
- Loss Of Pay (LOP)
- Compensatory Off (CO)
These leaves are in our policy.
Special Casual Leave for Sterilization Operation
Is it mandatory to mention 'Special casual leave for sterilization operation' in the policy?
From India, Kochi
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Leave Policy.doc