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Hi,
Recently there was some issue with the trains in the Central line in Mumbai. As a result of which, some employees were unable to report to work.
Should this be considered as Leave or should it be waived off as there was a genuine problem.
Please advice.
Regards,
Mini

From India, Mumbai
Mini,
It is solely the discretion of the management. Generally organizations do not declare leave to have their annual working days in tact and the risk of commuting is vested with the employee unless they are extended company transportation facility.
Hence it is not a compulsion to declare leave and you can declare leave on humanitarian grounds and as a matter of employees' welfare.
When I was in charge of the administration, I used to ask those employees who could not attend duty on some other holiday to compensate.
Ganesh

From India, Tiruppur
Dear Ganesh,
This incident has already occured so the question is not whether leave should be declared or not.
The question is should the 2 employees who didnt come to work be given full attendance for the day or should it be considered as Leave.
Regards,
Mini

From India, Mumbai
Dear Mini,
You can speak to their immediate supervisor and to your boss and ask them about the same and try to get the reply on mail if it should be considered as full day leave , half day leave or should that be compensated against any weekly off.

From India, Pune
Dear Ganesh

It is not a natural calamity so that the employee could not attend office for reasons beyond control and it is not an event which universally affected other employees also. It is only a problem on central line which no doubt renderd commuting risky for two days.There was also an alternative transport system provided by BEST services, though tey were crowded. The employee , having regard to these factors and in his wisdom took adecison not to take any risk and to remain at home. The company too cannot find fault with the decision of the employee and mark him ABSENT. Therefore going by the common practice and norms of leave policy, the employee shall be asked to submit leave application for the days he reaimed absent due to above problem and he shall be sanctioned leave by debiting his leave account. The company can delare holiday in such circumstances as in the case of a natural calamity or a riots where in the whole area is affected and all establishments located in the said area are affected.

B.Saikumar

HR & Labour law Advisor

Mumbai

09930532927

From India, Mumbai
Dear Mr. Sai,
Thank you for your explanation on how this should be handled.
In case if the employee do not have leave to his credit, instead of LOP , can the mgmt ask to him to compensate work for the leave taken?
Thanks,
Rk

From India, Madras
This is very simple. You can consider their absence as leave to which they are eligible. If they have no leave at their credit, you can sanction L.O.P or else Leave Not Due. ( to be deducted in future leave) as a gesture towards employees.
From Canada, Calgary
you can have the following two options.
1) you can sanction him leave without pay or LOP or
2) Since previlege leave is an earned leave, you can calculate his pL prorata on the basis of the number of days he actually worked since january till the date prior to his absence and sanction him the leave and adjust it against PL when you credit his leave account at the end of the year.I hope Mr.Suri Babu also meant the same by calling it "leave not due".
B.Saikumar
HR &Labour Law advisor
Mumbai

From India, Mumbai
I Agree but if some employee get late to work for two to three hours then that should not be considered as half day. Because he/she tried and reached office. Thanks & Regards Pankaj
From India, Bhubaneswar
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