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Hi,
kindly advice on the following:
1) what are the various leaves that can be encashed during seperation of an employee from the organisation or the next calendar year.
2) if privilege leaves can be encashed during seperation from the company even without an employee completing one year service in the organisation.
3) what is the minimum number of privilege leaves that can be encashed if an employee has got good number of privilege leaves balance.
Regards
Veena

From India, Hyderabad
Leave encashment is purely an internal matter of the company. Normally, all unavailed leave except Casual Leave and Sick leave shall be encashed at the time of leaving service.
Encashment is to be made unconditionally without reference to service and adequecy of leave after encashment. However, if an employee is continuing his service, a restriction as to minimum number of leave which should be carried forward for availing in the succeeding year shall be impossed with a view to avoiding leave without pay.
Regards,
Madhu.T.K

From India, Kannur
Ms Veena :

The leave rules of the Organisation will spell out clearly the types of leave that can be encashed.

In my experience, I have worked in Org which encashes annual/privilege leave to the extent of 50% max to the no. of days leave approved. To illustrate - an empl has 20 days leave and applies for 6 days of AL/PL. He has an option to encash max 6 days or less no. of leave and his leave balance will be brought dopwn by 6 days of AL/PL and the no. of days enchashment he requests.

Some org encahses all the Casual leave in balance as on 31st Dec.

Some Org have encashment of AL/PL annually while some others carry forward and allows encashment on severance of services from the same.

2) When an employee severes from the Org though not completed one year of services, he shall be eligible for annaul leave on a pro-rata basis from the date of his joining till date of leaving.

3) As per the Company's norms/rules and regulations the min no. of PL can be encashed.

Hope the above meets your requirement.

Good Luck.

:::Dhinakaran

From India, Hyderabad
Sir,
I have resigned from organization on 11 month of my joining date. I am serving a notice period of 2 months.
I am told by HR that PL is application only after 12 months of service but since I have put up my papers before 12 months I am not entitled for PL encashment. I have checked the company employee handbook for any such clause but couldnt find. Please advice what is correct and give me any reference to law that is applicable in this case. I work in Gurgaon in an engineering firm.
Thanks & Regards
Namit

From India, Delhi
Being an Engineering firm I presume your company is covered by Factories Act. If so, you will be entitled to get earned leave at the rate of one leave for every twenty days worked during the 12 months immediately preceding the day of your leaving. Since you are in notice period and there are two more months to go before your effective date of relieving, you can claim encashment provided you have worked during this period at least for 240 days.
If you are working as a manager and not coming under the definition of "employee" or "workman" please follow whatever is mentioned in the handbook or appointment letter.
Regards,
Madhu.T.K

From India, Kannur
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