Combining CL & PL legal terms - Is there any rule?

Shall we combine CL & PL? Is there any rule? Please help to share the legal details on priority, please.

The object of casual leave is to meet unforeseen or sudden contingencies which force the absence of an employee. The purpose of privilege leave is for rest, recuperation, or for medical reasons. Normally, both types of leaves are not combined as a matter of policy unless a company's leave policy explicitly permits it. Companies can always offer better terms than those provided under any law related to leave.

B. Saikumar
HR & Labour Relations Consultant

Please explain the eligibility of CL for newly joined employees.

---

Hi, the eligibility criteria for Casual Leave (CL) for newly joined employees are as follows:

1. Newly joined employees are entitled to avail of CL after completing their probation period, which is usually three months.

2. The number of CL days available to new employees is prorated based on their date of joining within the calendar year.

3. Employees must follow the company's procedures for requesting and documenting the use of CL, as outlined in the employee handbook.

4. CL can be used for personal reasons such as illness, family emergencies, or other unforeseen circumstances that require the employee's absence from work.

5. It's important for new employees to familiarize themselves with the company's CL policy to understand their entitlements and responsibilities regarding CL usage.

If you have any further questions or need clarification on this matter, please feel free to reach out to the HR department.

There is a difference in legal status between CL and other kinds of leave, as far as public service is concerned. CL is considered to be duty, while other kinds of leave are not. Therefore, if an employee is on leave (other than CL) on the day of their increment, the date of the increment would be postponed until they join duty.

The same applies to intervening holidays. While availing CL, intervening holidays would not be counted as leave. On the other hand, when on other types of leave, intervening holidays would be counted as leave, and holidays could be prefixed/suffixed. Due to the difference in legal status, availing CL is not permissible in combination with other types of leave.

Employees covered under Certified Standing Orders of the organization or if the Certified Standing Orders are not available, then the Model Standing Orders under "The Industrial Employment (Standing Orders) Act, 1946," a provision is made under clause 14 (2) of the Model Standing Orders which read as follows:

"14 (2) Casual leave shall be non-cumulative, and no leave of any kind may be combined with casual leave."

Employees not covered under "The Industrial Employment (Standing Orders) Act, 1946," they shall be governed under the leave rules framed by the organization.

Hi Experts,

I need some help. We are an IT company in Bangalore with a staff of 20 employees. I want to know if Casual leave is mandatory under Karnataka labor law for our employees. Currently, we offer 18 Vacation leave/earn leave days and 12 Sick leave days.

Anticipating an early reply.

Thanks,
Priyanka
HR Partner