9
In general if it is a factory then the leaves are as per factories Act and if yours is covered under shops and establishments act then the leaves are as per the related act.
There will be Casual leaves and Earned leaves are common to every employee and as far as sick leaves are concerned the employees who are not covered under ESI may be eligible for sick leave. The female employees who are not covered under ESI are eligible for Maternity leave.
The quantum leaves are as per company policy. The eligibility, avaling the leaves are governed by company leave rules / leave policy. For more details in general pl. go through the Shops & establishments act and as well as Factories Act.
If you go through the above acts then you have a basic idea and you can forward your doubts for further clarifications.
Thanks and regards - kamesh
From India, Hyderabad
There will be Casual leaves and Earned leaves are common to every employee and as far as sick leaves are concerned the employees who are not covered under ESI may be eligible for sick leave. The female employees who are not covered under ESI are eligible for Maternity leave.
The quantum leaves are as per company policy. The eligibility, avaling the leaves are governed by company leave rules / leave policy. For more details in general pl. go through the Shops & establishments act and as well as Factories Act.
If you go through the above acts then you have a basic idea and you can forward your doubts for further clarifications.
Thanks and regards - kamesh
From India, Hyderabad
Hi Anuradha,
These are few guidelines which you need to know
1.For the purpose of all provisions under this policy, the calendar year
January 1 to December 31 will be considered applicable,
2.Persons joining in the middle of the calendar year will be eligible to leave entitlements on a pro-rata basis. If the date of joining is after the 16th, then one day will be credited for that month.
3.In all cases, the employee must leave his contact details with the HR manager while on leave.
4.Except in case of emergencies, all leave will be granted subject to exigencies of work. A situation will be deemed an emergency on the discretion of the HR Manager.
5.Leave, except for medical reasons, must be planned & approved of in advance by the immediate superior with notification to HR. No leave or extension of leave will be considered granted unless the approval has been formally communicated to the employee.
6.Holidays and weekly offs falling in the duration of leave will be counted as part of leave.
7.Out of a total 12 days of Leave, 6 days will lapse at the end of the year and 6 days may be encashed at the end of the year. Encashment of leave will be on Basic Salary only. There will be no carry over of leave.
8.All leave lapses when the employee ceases to be in employment. During a calendar year, leave standing to the credit of the employee up to a maximum of one day per calendar month served for that period will be encashed and paid along with the dues.
From India, Hyderabad
These are few guidelines which you need to know
1.For the purpose of all provisions under this policy, the calendar year
January 1 to December 31 will be considered applicable,
2.Persons joining in the middle of the calendar year will be eligible to leave entitlements on a pro-rata basis. If the date of joining is after the 16th, then one day will be credited for that month.
3.In all cases, the employee must leave his contact details with the HR manager while on leave.
4.Except in case of emergencies, all leave will be granted subject to exigencies of work. A situation will be deemed an emergency on the discretion of the HR Manager.
5.Leave, except for medical reasons, must be planned & approved of in advance by the immediate superior with notification to HR. No leave or extension of leave will be considered granted unless the approval has been formally communicated to the employee.
6.Holidays and weekly offs falling in the duration of leave will be counted as part of leave.
7.Out of a total 12 days of Leave, 6 days will lapse at the end of the year and 6 days may be encashed at the end of the year. Encashment of leave will be on Basic Salary only. There will be no carry over of leave.
8.All leave lapses when the employee ceases to be in employment. During a calendar year, leave standing to the credit of the employee up to a maximum of one day per calendar month served for that period will be encashed and paid along with the dues.
From India, Hyderabad
Dear Anu, As Mr. Kamesh said, there are certain types of leaves will be provided to the employees in a factory according to the factories act. Like CL, SL and PL. Regards, Kiran Kumar.
From India, Bangalore
From India, Bangalore
I am working in company has strength of 1200 employees covered under TN shops and establishments act. we give below leave policy
Objective: To extend facility of leave of absence to the employees to attend to their personal exigencies
and during times of emergency besides meeting statutory requirements.
Scope: All executives and non-executive employees of the company including consultants and
trainees deployed in different location, but exclude contractor’s labour.
Policy Guidelines:
1. Leave cannot be claimed as a matter of right. It may be sanctioned at the discretion of the management.
2. The leave sanctioning authority may refuse or revoke leave of any kind.
3. No leave of any kind can be granted to an employee for a continuous period of more than 30 days without getting an approval of General Manager-HR.
4. In case of medical leave, the sanctioning authority may seek second medical opinion if considered necessary.
5. An employee overstaying his sanctioned leave without permission would render himself liable for disciplinary action.
6. No leave can be granted to an employee who is facing disciplinary action or is under suspension or is under orders of transfer to another location.
7. An application for leave for more than Two days should be made at least one day before the leave is availed. In any case a telephonic intimation is mandatory without which leave applied for is liable to rejected.
8. Employee remaining absent unauthorisedly for more than 8 days without any intimation or
without a valid reason would be deemed to have abandoned his duties and would render himself liable for disciplinary action.
Process Guidelines:
1. Application for any kind of leave shall be in prescribed format. Employee shall mention in the application his contact address and telephone number.
2. On approval of leave applied the application shall be sent to respective HR executive renders support to concerned region.
3. All leave cards/ records of Executive and non executive employees shall be maintained in the respective HR Dept. under which the regional personnel come.
4. HR dept shall make necessary entries in the leave card/attendance register. The employee in his interest may also verify correctness.
5. In case of non submission of leave application to the HR Dept. within a day of resuming duties after leave, the period of absence is liable to be treated as “NO WORK NO PAY”
6. Leave cards/Records shall be updated and reconciled by HR Dept with the help of inputs from the concerned Cluster Managers by the end of December every year.
7. HR dept. shall notify the employees balance of PL/SL as on 31 st Dec of each year by 15 th Jan of the following year.
Admissibility of leave for different categories:
Executives/Non-executive employees --- Privilege Leave, Sick leave Casual leave as per provisions
of Shops and Establishments Act that is applicable.
REFER BELOW THE RESPECTIVE SECTION OF THE ABOVE ACT:
Under Section 25 of Chapter VI of the above act says (1) Every person employed in any establishment shall be entitled, after twelve months continuous service, to holidays with wages for a period of 12 days, in the subsequent period of twelve months: Provided that such holidays with wages may be accumulated up to a maximum period of 24 days.
Explanation: For the purposes of this subsection any continuous period of service preceding the date on which this Act applies to any establishment shall also count, subject to a maximum period of twelve months.
(2) Every person employed in any establishment shall also be entitled during his first twelve months of continuous service after the commencement of this Act, and during every subsequent twelve months of such service, (a) to leave with wages for a period not exceeding 12 days, on the ground of any sickness incurred or accident sustained by him and (b) to casual leave with wages for a period not exceeding 12 days on any reasonable ground.
Under the Employees State Insurance Act, employees are allowed to take leave for Sickness or accident reasons.
Types of Leave-Governing Principles:
Casual Leave: Each and every employee shall be entitled during his first twelve months of continuous service, to leave with wages for a period not exceeding 12 days on any reasonable ground.
1. Casual leave is intended to meet special circumstances that cannot be foreseen.
2. An employee on Casual leave is not treated as absent from duty and pay is not forfeited.
3. Casual leave would accrue from the date of joining on Pro-rata basis.
4. Casual leave may be availed one day in a month and cannot be availed for more than Three days at a stretch.
5. Sundays and Holidays intervening during a period of Casual Leave are not counted as part of Casual leave.
6. Sundays/Public holidays/ weekly holidays can be suffixed or prefixed to Casual leave.
7. Casual leave may be taken while on tour, but no daily allowance is admissible for that day.
8. Casual leave cannot be carried forward to the next year and unavailed leave would lapse at the end of the calendar year. Nor can it be encashed.
9. Casual leave cannot be combined with any other kind of leave.
10. Admissibility of Casual leave to an employee would be as per the provisions of the Shops and Establishment Act, applicable to the state in which the employee is posted.
11. Employees wanting to avail casual leave have to obtain prior sanction at least a day before availing or should have submitted the next day to their concerned reporting heads.
Sick leave: Each and every employee shall be entitled during his first twelve months of continuous service, to leave with wages for a period not exceeding 12 days, on the ground of any sickness incurred or accident sustained by him.
1. Sick leave may be sanctioned to meet requirements of an employee to nurse/attend to his/her sickness.
2. Employees covered under ESI act would not be eligible for Sick Leave.
3. Admissibility of Sick leave to an employee would be as per the provisions of Shops and establishments Act applicable to the state in which the employee is posted.
4. Sick leave would accrue from the date of joining on Pro-rata basis.
5. Sick leave application for more than Three days shall be supported by a medical certificate/fitness certificate. Else the period of absence would be treated as “NO WORK NO PAY”
6. Sick leave is not encashable and can be accumulated up to 60 days.
7. Sick leave can be granted to an employee to nurse injury/sickness along with PL.
8. Intervening holidays/National and Festival Holidays/Weekly holidays shall be taken in to account for the stretch of sick leave taken.
Privilege leave: Each and Every employee shall be entitled, after twelve months continuous service, to holidays with wages for a period of 12 days, in the subsequent period of twelve months. Provided that such holidays with wages may be accumulated up to a maximum period of 24 days.
1. Privilege leave may be sanctioned to meet the following requirements of an employee to attend his personal work, Family function, Pilgrimage tour, or other reasons beyond their control.
2. Privilege leave may be sanctioned for a minimum period of Three days.
3. Privilege leave would be given to employees on Pro-rata basis based on the number of months of continuous service during the preceding year.
4. Privilege leave cannot be suffixed or prefixed with casual leave but can be suffixed or prefixed with Sick leave.
5. Privilege leave at credit can be taken for adjusting the notice period in case of resignation.
6. Privilege leave at credit may be encashed on resignation/retirement/removal from service and would be calculated on the last basic pay/consolidated salary drawn.
7. Only Privilege leave can be taken for availing LTA.
8. Privilege leave beyond 24 days will not be encashed.
9. Privilege leave at credit as on 31 st Dec of every year shall be notified to the employees by the HR dept by the 15 th of the following year.
Maternity leave:
1. Confirmed women employees who are not covered under ESI act would be eligible to avail 12 weeks (Six weeks before Confinement and Six weeks after confinement) as paid maternity leave. Maternity leave is admissible only twice during entire service period. A woman employee before proceeding on maternity leave should submit a medical certificate along with application to the HR dept.
2. In the case of miscarriage or abortion, the entitlement of this leave shall be six weeks from the date of such miscarriage or abortion. A certificate to this effect from a Govt. Medical Officer/ designated hospital of the company has to be produced.
Leave without pay:
If an employee does not have any form of leave at his/her credit, leave without pay up to a maximum of 30 days may be granted by the HOD as a special case.
Compensatory leave:
Any non executive employee who is called to work on the day of his weekly Holiday including Sunday or paid holiday to meet office exigencies may be granted a compensatory leave within a fortnight’s time.
From India, Madras
Objective: To extend facility of leave of absence to the employees to attend to their personal exigencies
and during times of emergency besides meeting statutory requirements.
Scope: All executives and non-executive employees of the company including consultants and
trainees deployed in different location, but exclude contractor’s labour.
Policy Guidelines:
1. Leave cannot be claimed as a matter of right. It may be sanctioned at the discretion of the management.
2. The leave sanctioning authority may refuse or revoke leave of any kind.
3. No leave of any kind can be granted to an employee for a continuous period of more than 30 days without getting an approval of General Manager-HR.
4. In case of medical leave, the sanctioning authority may seek second medical opinion if considered necessary.
5. An employee overstaying his sanctioned leave without permission would render himself liable for disciplinary action.
6. No leave can be granted to an employee who is facing disciplinary action or is under suspension or is under orders of transfer to another location.
7. An application for leave for more than Two days should be made at least one day before the leave is availed. In any case a telephonic intimation is mandatory without which leave applied for is liable to rejected.
8. Employee remaining absent unauthorisedly for more than 8 days without any intimation or
without a valid reason would be deemed to have abandoned his duties and would render himself liable for disciplinary action.
Process Guidelines:
1. Application for any kind of leave shall be in prescribed format. Employee shall mention in the application his contact address and telephone number.
2. On approval of leave applied the application shall be sent to respective HR executive renders support to concerned region.
3. All leave cards/ records of Executive and non executive employees shall be maintained in the respective HR Dept. under which the regional personnel come.
4. HR dept shall make necessary entries in the leave card/attendance register. The employee in his interest may also verify correctness.
5. In case of non submission of leave application to the HR Dept. within a day of resuming duties after leave, the period of absence is liable to be treated as “NO WORK NO PAY”
6. Leave cards/Records shall be updated and reconciled by HR Dept with the help of inputs from the concerned Cluster Managers by the end of December every year.
7. HR dept. shall notify the employees balance of PL/SL as on 31 st Dec of each year by 15 th Jan of the following year.
Admissibility of leave for different categories:
Executives/Non-executive employees --- Privilege Leave, Sick leave Casual leave as per provisions
of Shops and Establishments Act that is applicable.
REFER BELOW THE RESPECTIVE SECTION OF THE ABOVE ACT:
Under Section 25 of Chapter VI of the above act says (1) Every person employed in any establishment shall be entitled, after twelve months continuous service, to holidays with wages for a period of 12 days, in the subsequent period of twelve months: Provided that such holidays with wages may be accumulated up to a maximum period of 24 days.
Explanation: For the purposes of this subsection any continuous period of service preceding the date on which this Act applies to any establishment shall also count, subject to a maximum period of twelve months.
(2) Every person employed in any establishment shall also be entitled during his first twelve months of continuous service after the commencement of this Act, and during every subsequent twelve months of such service, (a) to leave with wages for a period not exceeding 12 days, on the ground of any sickness incurred or accident sustained by him and (b) to casual leave with wages for a period not exceeding 12 days on any reasonable ground.
Under the Employees State Insurance Act, employees are allowed to take leave for Sickness or accident reasons.
Types of Leave-Governing Principles:
Casual Leave: Each and every employee shall be entitled during his first twelve months of continuous service, to leave with wages for a period not exceeding 12 days on any reasonable ground.
1. Casual leave is intended to meet special circumstances that cannot be foreseen.
2. An employee on Casual leave is not treated as absent from duty and pay is not forfeited.
3. Casual leave would accrue from the date of joining on Pro-rata basis.
4. Casual leave may be availed one day in a month and cannot be availed for more than Three days at a stretch.
5. Sundays and Holidays intervening during a period of Casual Leave are not counted as part of Casual leave.
6. Sundays/Public holidays/ weekly holidays can be suffixed or prefixed to Casual leave.
7. Casual leave may be taken while on tour, but no daily allowance is admissible for that day.
8. Casual leave cannot be carried forward to the next year and unavailed leave would lapse at the end of the calendar year. Nor can it be encashed.
9. Casual leave cannot be combined with any other kind of leave.
10. Admissibility of Casual leave to an employee would be as per the provisions of the Shops and Establishment Act, applicable to the state in which the employee is posted.
11. Employees wanting to avail casual leave have to obtain prior sanction at least a day before availing or should have submitted the next day to their concerned reporting heads.
Sick leave: Each and every employee shall be entitled during his first twelve months of continuous service, to leave with wages for a period not exceeding 12 days, on the ground of any sickness incurred or accident sustained by him.
1. Sick leave may be sanctioned to meet requirements of an employee to nurse/attend to his/her sickness.
2. Employees covered under ESI act would not be eligible for Sick Leave.
3. Admissibility of Sick leave to an employee would be as per the provisions of Shops and establishments Act applicable to the state in which the employee is posted.
4. Sick leave would accrue from the date of joining on Pro-rata basis.
5. Sick leave application for more than Three days shall be supported by a medical certificate/fitness certificate. Else the period of absence would be treated as “NO WORK NO PAY”
6. Sick leave is not encashable and can be accumulated up to 60 days.
7. Sick leave can be granted to an employee to nurse injury/sickness along with PL.
8. Intervening holidays/National and Festival Holidays/Weekly holidays shall be taken in to account for the stretch of sick leave taken.
Privilege leave: Each and Every employee shall be entitled, after twelve months continuous service, to holidays with wages for a period of 12 days, in the subsequent period of twelve months. Provided that such holidays with wages may be accumulated up to a maximum period of 24 days.
1. Privilege leave may be sanctioned to meet the following requirements of an employee to attend his personal work, Family function, Pilgrimage tour, or other reasons beyond their control.
2. Privilege leave may be sanctioned for a minimum period of Three days.
3. Privilege leave would be given to employees on Pro-rata basis based on the number of months of continuous service during the preceding year.
4. Privilege leave cannot be suffixed or prefixed with casual leave but can be suffixed or prefixed with Sick leave.
5. Privilege leave at credit can be taken for adjusting the notice period in case of resignation.
6. Privilege leave at credit may be encashed on resignation/retirement/removal from service and would be calculated on the last basic pay/consolidated salary drawn.
7. Only Privilege leave can be taken for availing LTA.
8. Privilege leave beyond 24 days will not be encashed.
9. Privilege leave at credit as on 31 st Dec of every year shall be notified to the employees by the HR dept by the 15 th of the following year.
Maternity leave:
1. Confirmed women employees who are not covered under ESI act would be eligible to avail 12 weeks (Six weeks before Confinement and Six weeks after confinement) as paid maternity leave. Maternity leave is admissible only twice during entire service period. A woman employee before proceeding on maternity leave should submit a medical certificate along with application to the HR dept.
2. In the case of miscarriage or abortion, the entitlement of this leave shall be six weeks from the date of such miscarriage or abortion. A certificate to this effect from a Govt. Medical Officer/ designated hospital of the company has to be produced.
Leave without pay:
If an employee does not have any form of leave at his/her credit, leave without pay up to a maximum of 30 days may be granted by the HOD as a special case.
Compensatory leave:
Any non executive employee who is called to work on the day of his weekly Holiday including Sunday or paid holiday to meet office exigencies may be granted a compensatory leave within a fortnight’s time.
From India, Madras
Dear Seniors,
My firm is providing consulting, design and engineering services to architects, developers & specialist contractors in the field of building envelope (Facades), light weight structures and special structures.
I want to know what kind of leave policy model will be suitable for my organization?? As we are engaged in framing HR policies for our organisation.
Regards,
Varsha.
From India, Mumbai
My firm is providing consulting, design and engineering services to architects, developers & specialist contractors in the field of building envelope (Facades), light weight structures and special structures.
I want to know what kind of leave policy model will be suitable for my organization?? As we are engaged in framing HR policies for our organisation.
Regards,
Varsha.
From India, Mumbai
Hi Varsha,
By going through the information provided by you, you are not in to manufacturing hence you would be under Shops and establishments Act. As far as the leave policy is concerned pl. go through the shops and establishments act of your state ( S&E act and the rules differs from state to state) and accordingly design the policy and implement.
You should look in to the applicability of SLs & Maternity leave if your establishment is not covered under ESIC and also to consider the employees whose wages are over and above Rs.15000/- pm.
Regards - kamesh
From India, Hyderabad
By going through the information provided by you, you are not in to manufacturing hence you would be under Shops and establishments Act. As far as the leave policy is concerned pl. go through the shops and establishments act of your state ( S&E act and the rules differs from state to state) and accordingly design the policy and implement.
You should look in to the applicability of SLs & Maternity leave if your establishment is not covered under ESIC and also to consider the employees whose wages are over and above Rs.15000/- pm.
Regards - kamesh
From India, Hyderabad
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