Urgent - How Earned Leaves Will Be Paid If Long Leaves Are Taken?

nisha@123
I am working in a software company. I have 5 working days.
I took maternity leave from 3rd December to 1st March. Then, i took 2 more months leave, ie.till 30th April. I have 37 paid leaves. I want to use my paid leaves.
Paid leaves are given on gross salary in my company.
I want to ask while giving me benefit of paid leaves, will they include holidays(i.e. Saturday and Sunday) or did not count them. To explain this further:-
March - 22 working days
So, while giving me salary for this month, will they deduct only 22 paid leaves from my 37 paid leaves as there are 22 working days and 8 holidays. So, 15 paid leaves will be left to be paid in month of April.. Or, will they deduct 30 paid leaves from my 37 paid leaves such that 7 paid leaves will be left to be paid in month of April.
Thanks,
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sumi71
Dear Nisha,
When the leave is taken continuously, in general the Week off and holidays are also included and considered as leave. In your case the all 31 days will be deducted from your leave balance. However, it depends on the company policy also. Check out your company policy in this regard.
Regards,
nisha@123
Thanks Sumi. The information was quite useful.
In my case, my HR manager send a mail on 4th April stating that
March - 22 working days
(excluding weekends)
So, they gave me full salary for March and deducted only 22 paid leaves from my 37 paid leaves as there are 22 working days and 8 holidays. So, 15 paid leaves was left to be paid in month of April. But 2-3 days back, they send me another mail that we will count weekends also and deducted 31 paid leaves for March such that 6 balance leaves are left. They told earlier we made an error. They are now deducting money from my May salary.
From their previous mail, i had 15 paid leaves left for april. So, because of it, i took more leaves in april. had i known earlier that they will count weekends also, i would have taken less leaves in april. they called me for a discussion on this matter today. What to discuss in this?
sumi71
Dear Nisha,
Nothing to discuss. Err is human. Probably you can discuss saying that, based on the calculation, given earlier, I have extended my leave, otherwise I would have not extended. I don't think they agree for reversal, because they need to follow the rules as per the policy.
Anyways try your luck. If you get the leave credit back, then it is fine, if not leave it, we need to follow the rules.
Regards,
saklaniatul
Dear Mrs. Nisha,
Under the provision of EL any holiday which are coming in between any EL will be counted as rest or Holiday for which employeer has to pay which is clearly mention in Under Section 79 & 80 of factories act 1948 on the bases of which you can discuss.
Jist of section 79 of factories act 1948 is mention below
he leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(Feel free to call)
Thanks & Regards
Atul Saklani
9882166720
nisha@123
Hi Atul,
Do you mean that they should not calculate holidays for my paid leaves? In my case,
March - 22 working days
So, while giving me salary for this month, should they deduct only 22 paid leaves from my 37 paid leaves as there are 22 working days and 8 holidays. So, 15 paid leaves will be left to be paid in month of April.. Or, should they deduct 31 paid leaves from my 37 paid leaves such that 7 paid leaves will be left to be paid in month of April.
saklaniatul
Hi nisha,
Yes they should not deduct the holidays from your earn leave as these are the leaves forv which actually you had worked earlier.
Thanks & Regards
Atul saklani
98821660720
arpita.pal14feb
Hi!
My company gives earned leaves in a year i.e. 24 days, I have already taken more than 12 leaves till june and now i have given notice period as i am getting married but the management is saying that i have pay them back 12 days earned leaves. I am really confused why should pay to the company. Please tell me do i have to pay the company 12 days salary?
Thanks
Moonmoon
sumi71
Dear Arpitha,
As mentioned by you the Earned Leave given to you is as per law. It should be deducted or repaid. Even if you have any un availed leave in your credit then the company should encash the leave and should make the payment to you.
Hope your query is clarified.
Regards,
ent143
Hi
Its a Private Company ,and we don't have any Paid leaves for Freshers for at least 6 months of joining.
My staff has taken leave for 8 Days in which Sunday is Included ( Which is our Off day) . She claimed that this is a Paid Day, so salary should not be deducted. Kindly Clarify
As per normal Company Laws if Sunday is coming in ur Off days , it will also be consider as Holiday.
Look forward for ur reply
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