No. Of Paid Days If Some One Is On 2 Months Leave Without Leave Balance..

Dear Seniors,

One of our employees is on leave for 2 months as he met with an accident. Last month, we paid him the salary after adjusting his leave balance (he worked only 4 days last month). Currently, he has no leave balance and has not attended the office at all (his expected joining is in the 2nd week of next month).

Now, my question is how many days of salary should he be paid?

Note: His current month's leave entitlement is 2, and the number of calendar holidays is 2. Also, I would like to inform you that we do not count Saturday and Sunday as leaves if someone has availed consecutive leaves.

Considering the above points, the number of paid days comes to (2 + 2 + 5 + 4) = 13. Should he be paid for 13 days' salary even without attending the office?

Kindly provide your valuable suggestions.

Dear Seniors,

One of our employees is on leave for 2 months as he met with an accident. Last month, we paid him the salary after adjusting his leave balance (he worked only for 4 days last month). Currently, he has no leave balance and has not attended the office at all (his expected joining date is the 2nd week of next month).

My question is, how many days' salary should he be paid? Please note that his current month leave entitlement is 2 days, and the number of calendar holidays is 2. Also, we do not count Saturdays and Sundays as part of leave if someone has taken consecutive days off.

Considering the above points, the number of paid days comes to (2 + 2 + 5 + 4) = 13. Should he be paid for 13 days' salary even without attending the office?

Kindly provide your valuable suggestions.

Regards,
Riya HR - IT Company

Dear Riya,

I do not appreciate your calculations. Entitlement to any leave arises only when one has performed their duties. Also, payment for a weekly day off arises when one performs their duties during the week preceding the weekly holidays. Based on the information provided, the employee is neither on leave nor on duty but is absent from duty (we can assume they are on Leave Without Pay at most). In my opinion, payment for 13 days' salary is not justified.

If your company policy, service rules, or service agreement still mandate such calculations, then we may have no option.

Thanks,
V K Gupta

Hi Sir,

Thanks for your reply. My company is a five-year-old small organization, and this is the first time we are facing this situation. In the policy handbook, nothing is mentioned specifically. Does this mean no payment should be made against the salary?

Regards, Roopa

Hi Seniors,

37 views and only one reply. Badly in need of your suggestions. Please share your opinion.

Regards,
Riya

Hi Riya,

He should not be paid any salary for the month of August. Since his leave balance was exhausted in the month of July, he should be considered on Leave without Pay w.e.f the day his leaves were exhausted. For example, if he had 10 leaves in his account and he worked till the 4th of July (as per your description), therefore you must have paid him till the 18th of July, and he becomes on Leave without Pay w.e.f the 19th of July 2013 until the date he joins back.

This is as per the existing process in the industry.

Hope this helps.

Regards,
Sandeep

Hi,

Was the employee in an accident while at work? Do you have a policy for the extension of long leave due to a medical emergency/situation? For example, if you have an employee who has had a fracture and cannot resume work for 6-8 weeks, does your sick leave policy cover such ailments, or is the carry-forward leave sufficient? Also, where does the exception process lie within the organization? You may want to consider these points before making a decision.

Regards

Hi Sir,
Thanks a lot for your reply.

1. The employee was on leave that day when he met the accident. It was Friday, and he informed us about the incident on Monday. He has submitted a prescription stating that he has a fracture in his leg and needs rest for 6-8 weeks.
2. We do not have a policy of an extension of long leave due to a medical emergency/situation. To date, leaves are calculated based on normal entitlement and availed basis. In our leave policy, a confirmed employee is entitled to 8 Sick/Casual leaves and 14 Earned leaves.
One thing I would like to add is that the employee is covered under Accidental (Mediclaim) policy (a benefit provided by the organization), and we have already initiated his claim. So, all or most of the treatment costs would be paid by the mediclaim company.
Please suggest, should his salary be paid or not?

Regards,
Roopa

Hi Sir,

Thanks,

We are an IT company. Is an IT company covered under the Labour Act?

As per our company policy, every confirmed employee would be entitled to 8 Sick/Casual Leave and 14 Earned leaves. What is the labor law in this case? According to the Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act 1965 (applicable in Delhi and Haryana), an employee who is absent for around 1 month would not be paid for the week off and entitled leaves except national holidays. Should we follow this Act?

Regards, Roopa

In this case, he will be getting unpaid leave as he has already availed his annual leave, sick leave, and is receiving benefits for mediclaim. Alternatively, with Management approval, we will pay him for the number of days of leave and adjust that figure against his next leave calculation.