Dear Sanjay,
Earned leaves - a leave which an employee earned only after working 240 days.
Hence you can avail earned leaves after working 240 days or in short 11 months. Now in your case you can avail EL/PL in September 2013 as per the rules.
To understand your company leave structure, you can asked your HR to provide you the leave policy.
Warm Regards,
Neetu
From India, Gurgaon
1Earned leaves - a leave which an employee earned only after working 240 days.
Hence you can avail earned leaves after working 240 days or in short 11 months. Now in your case you can avail EL/PL in September 2013 as per the rules.
To understand your company leave structure, you can asked your HR to provide you the leave policy.
Warm Regards,
Neetu
From India, Gurgaon
Ms Neetu, We get salary for a month, which is 30 work days (though it includes 5 rest days). It works out to 8 months = 240 days. Will u pl clarify about 11 months !!
From India, Mumbai
From India, Mumbai
Under the Factories Act ":A worker whose service commences otherwise than on the first day of January shall be entitled to leave ,with wages at the rate laid down above if he has worked for two-thirds of the total number of days in the remainder of the calendar year."
You have joined on October 8th and you would have worked for 59 days in these three months. Hence you are eligible for 3 days of Earned leave which should have been credited to your leave account on 1st January 2013.
Since you have worked for more than 2/3rd of the remaining calendar year, you are entitled to avail his leave after 1st January 2013.
However, some Companies have Standing Orders certified differently. If the SO say that an employee is eligible to avail leave only after one year from the date of joining or only after confirmation, then such orders are applicable.
Many organisations, even without a clause in SO have the practice of sanctioning leave only after completion of one year. This practice is not legally correct.
To sum up
1. 3 days earned leave should have been credited to your account on 1st January 2013
2. You are eligible to avail these three days leave during the year 2014
3. If the Standing Orders have different rule for sanctioning leave after completion of one year, then the same will be applicable
4. Factories Act does not provide for Casual leave or Sick Leave
From India, Chennai
You have joined on October 8th and you would have worked for 59 days in these three months. Hence you are eligible for 3 days of Earned leave which should have been credited to your leave account on 1st January 2013.
Since you have worked for more than 2/3rd of the remaining calendar year, you are entitled to avail his leave after 1st January 2013.
However, some Companies have Standing Orders certified differently. If the SO say that an employee is eligible to avail leave only after one year from the date of joining or only after confirmation, then such orders are applicable.
Many organisations, even without a clause in SO have the practice of sanctioning leave only after completion of one year. This practice is not legally correct.
To sum up
1. 3 days earned leave should have been credited to your account on 1st January 2013
2. You are eligible to avail these three days leave during the year 2014
3. If the Standing Orders have different rule for sanctioning leave after completion of one year, then the same will be applicable
4. Factories Act does not provide for Casual leave or Sick Leave
From India, Chennai
Abhay Bandekar has given the correct answer as per Bombay Shops &Establishment Act, 1961. Where as IR-Manager has given the correct position as per Factories Act, 1948. From your query it cannot be made out if S&E act or FA is applicable, hence go by what is applicable - in case manufacturing activity is carried out then FA is applicable else S&E.
Having joined in Oct '12 your leave shall be credited on 1-1-14. Till then you can apply for leave, in case of genuine reasons and Company has the discretion to grant you advance leave.
From India, Mumbai
Having joined in Oct '12 your leave shall be credited on 1-1-14. Till then you can apply for leave, in case of genuine reasons and Company has the discretion to grant you advance leave.
From India, Mumbai
Dear Abhaybandekar,
Nice question. M working in an MNC company which provide us sat & Sunday off. 04 sunday and 5 Saturday off
so, we count 22 working days. 240/11 = 22 days, so I have mentioned 11 months. Every companies follow the policy but the process are different.
Hence I request Mr. Sanjaynagare -
Please go though your company leave policy that will help you to understand your company process and policy.
From India, Gurgaon
Nice question. M working in an MNC company which provide us sat & Sunday off. 04 sunday and 5 Saturday off
so, we count 22 working days. 240/11 = 22 days, so I have mentioned 11 months. Every companies follow the policy but the process are different.
Hence I request Mr. Sanjaynagare -
Please go though your company leave policy that will help you to understand your company process and policy.
From India, Gurgaon
Thank You Nitu Mam and Abhay Bandekar Sir,
I work in Manufacturing industry. I already aviled this year(2013) the leaved which I got on 31Dec2012(7 leaves).
Right now I dont have any leaves.The genuine reason for taking offs are turning into Loss Of Pays.This is my real concern.
Already I have earned leaves for 7 months but I couldent avail those because of my company policy.
Which says leaves gets credited on every ear on 31st of dec. Now my question to all of you is, am I really eligible for leaves?
If yes then which supporting document(Act) can I show to my HR as per rule? So that I can convience them. If I am not eligible then I will stop here straightaway.
My only intention is company should not take benifit, only because we employees dont know the Act and labour laws.
If my companies policy is within ACT and labour laws I dont have any problem.And if it is not within the act and labour laws I need supporting document to Fight.
Note: I am confirmed employee,Lead Engineer,work for Auto industry(6 days a week),In Hinjewadi Pune,Maharashtra (from 08 Oct 2012 till date).
Your valuable knowledge will help me a lot.
Thanks once again.
From China, Shanghai
I work in Manufacturing industry. I already aviled this year(2013) the leaved which I got on 31Dec2012(7 leaves).
Right now I dont have any leaves.The genuine reason for taking offs are turning into Loss Of Pays.This is my real concern.
Already I have earned leaves for 7 months but I couldent avail those because of my company policy.
Which says leaves gets credited on every ear on 31st of dec. Now my question to all of you is, am I really eligible for leaves?
If yes then which supporting document(Act) can I show to my HR as per rule? So that I can convience them. If I am not eligible then I will stop here straightaway.
My only intention is company should not take benifit, only because we employees dont know the Act and labour laws.
If my companies policy is within ACT and labour laws I dont have any problem.And if it is not within the act and labour laws I need supporting document to Fight.
Note: I am confirmed employee,Lead Engineer,work for Auto industry(6 days a week),In Hinjewadi Pune,Maharashtra (from 08 Oct 2012 till date).
Your valuable knowledge will help me a lot.
Thanks once again.
From China, Shanghai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Leave Policy.doc