Dear members, ours is a IT services small company and we have an employee who has joined us in November 2014. However had taken more than 30 leaves with an year till date due to frequent sickness and an operation. We currently provide with 21 leaves in an year i.e. 1.75 leaves per month. For this employee the leaves that extended more that the available leaves in quota were deducted from salary on prorate basis. Now, the employee has suddenly resigned with the reason that her spouse is shifting to other state and needs to move with him. Can we ask the person to extend her tenure with us up to the days for which she has received paid leaves ?
What does the law say in case of more than 21 leaves in an year?
Please suggest.
From India, Mumbai
What does the law say in case of more than 21 leaves in an year?
Please suggest.
From India, Mumbai
3131
You have deducted the salary for leave above quota So how can you deduct it again ?
From India, Mumbai
From India, Mumbai
Hello Nehuda,
Did you get the period wrong OR is there any point missing?
The employee joined in Nov, 2014--not even an year so far.
And she took 30 days leaves between then & now--8 months. Is that right?
But you say she took 30 days leaves in an year?
Irrespective of the above aspect, like Saswata Banerjee mentioned, you have already deducted the salary.
And even if you didn't, do you think the Company will gain anything by retaining such an employee by extending the NP? It COULD rather be detrimental to the work environment.
Just pack her off ASAP & move on.
Rgds,
TS
From India, Hyderabad
Did you get the period wrong OR is there any point missing?
The employee joined in Nov, 2014--not even an year so far.
And she took 30 days leaves between then & now--8 months. Is that right?
But you say she took 30 days leaves in an year?
Irrespective of the above aspect, like Saswata Banerjee mentioned, you have already deducted the salary.
And even if you didn't, do you think the Company will gain anything by retaining such an employee by extending the NP? It COULD rather be detrimental to the work environment.
Just pack her off ASAP & move on.
Rgds,
TS
From India, Hyderabad
Since the extra leaves that were taken by the employee had been the unpaid leaves, and you deducted the salary for those days, now we can't bring that thing into picture...
The simple reason, which was even suggested by the seniors, is that you can't penalise her twice for the same leaves...
Now, a sudden exit is something that no company appreciates, I agree but since she mentions that the husband is shifting, there is little we can do to hold her back.
At the max we can ask her to serve the official notice period and then gracefully relieve her.
QUOTE=nehuda;2243541]
What does the law say in case of more than 21 leaves in an year?
Please suggest.[/QUOTE]
In case if the employee has extended the leaves beyond the max leaves allowed as per company norms, the company has the liberty to deduct the salary for that many days as the leaves got extended.
Again you mentioned that the number of leaves you deducted was on pro-rata basis.
I would like to ask if you follow calendar months or financial months when it comes to leaves?
If it is financial month she must have got credited 21 leaves from April so calculate how many pending leaves are there.
If it is calendar months she must have got credited 21 leaves from January, accordingly calculate pending leaves.
Reason is she may use the pending leaves to negotiate her notice serving.
Hope this helps.
From India, Mumbai
The simple reason, which was even suggested by the seniors, is that you can't penalise her twice for the same leaves...
Now, a sudden exit is something that no company appreciates, I agree but since she mentions that the husband is shifting, there is little we can do to hold her back.
At the max we can ask her to serve the official notice period and then gracefully relieve her.
QUOTE=nehuda;2243541]
What does the law say in case of more than 21 leaves in an year?
Please suggest.[/QUOTE]
In case if the employee has extended the leaves beyond the max leaves allowed as per company norms, the company has the liberty to deduct the salary for that many days as the leaves got extended.
Again you mentioned that the number of leaves you deducted was on pro-rata basis.
I would like to ask if you follow calendar months or financial months when it comes to leaves?
If it is financial month she must have got credited 21 leaves from April so calculate how many pending leaves are there.
If it is calendar months she must have got credited 21 leaves from January, accordingly calculate pending leaves.
Reason is she may use the pending leaves to negotiate her notice serving.
Hope this helps.
From India, Mumbai
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