Hiii,

I am working as a HR Executive in an IT company and here Leave is allotted to employees on pro- rata basis and leave year is a financial year i.e. April to March, And we have 12 PL and 6 Sick leaves in a Year, and also employee is eligible for the leaves after completion of his/her probation period only.

So suppose if someone has joined the organization on June 2, 2022 and his probation is completing on December 2,2022 so how we will calculate his PL and Sick Leave on Pro-Rata basis?

We are having 5 days working so we will calculate it according to 30 days or we will exclude Saturday and Sundays from the calculation?

From India, Ahmedabad
It appears from leave rule 1 PL per month and 0.5 SL per month. Therefore, after completion of 6 months probation period, the employee will be eligible for 6 days PL and 3 days SL Pro-rata basis for working 6 months.

Now there will be rest 4 months till March,23. The pro-rata leaving earning should be 4 days PL and 2 days SL extra as on 31.03.2023.

Whether the organization will consider 30 days in a month or exclude Sunday and Saturday is depend on Organization's leave policy. In this case to my opinion Sunday and Saturday may be excluded.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi
hi i m working refirgaration company in our company leave pocily is jan to dec 14 leaves ,my qestion is after confirmation of emolyee how leaves should consider remaining months of yera or till the employee employee confirm on which month supoose employee joine on april nd confirme d in oct in that case how many leaves add in leave record
From India, Delhi
Earned leaves are to be granted either in accordance with the provisions of Factories Act, 1948 or in accordance with the applicable State S&E Act while sick leaves are to be granted as per State Industrial Establishments ( N&F Holidays and C & S Leaves) Act in case of units fall under Factories Act, 1948 and if your unit is covered under S&E Act then you are to follow the provisions as laid down in the applicable S&E Act. If you have better facility policy then you are to adhere to your policy.

R N KHOLA

From India, Delhi
The leaves applicable to IT companies should be as per the State Shops and Commercial Establishments Act. As such the leaves are accounted from January to December and not from April to March. The number of CL, Sick leave and earned leaves will depend upon the Shops....Act of the state. It shall be 12 days CL, 12 days SL and 12 days EL . EL is credited after 12 months' service.

Under no Act, it is said that you need not give any leave during probation period. Under all state Acts CL and SL are to be given during and for the current year of joining itself. Therefore, even if the employee is on probation, he should be given CL and SL. It is upto you to decide how much CL or SL can an employee avail in a month. Obviously, the employer can restrict that leave for more than one day will not be approve in a month.

Coming to Earned leave, it is to be credited after 12 months' service and the date of joining and not the date of confirmation shall be the date for counting 12 months. That means, the first credit of EL is given after 12 months but the number to be credited should be 12 days. This clearly establishes that earned leave is earned right during probation period.

Even if you have five days' working you will be paying salary for 30 days, right? Then for all purposes relating to leave calculation, payments and contributions the number of days should be actual paid days. If out of 30/31, two days are unpaid, then the working days for that month for that employee should be 28/29.

From India, Kannur
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