Dear All,
As a general practice followed in organizations, carrying forward is permitted only in the case of Sick Leaves (SL) or Privilege/Earned Leave (AL/PL/EL). As a normal practice, Casual leave should not be considered for carry forward. These are leaves employees have to avail to meet personal commitments or emergencies. The unavailed portion of CL shall automatically expire at the end of the year.
But if the company provides PL, can the name of PL balance be changed to Special Sick Leave for the next year?
My question is, is it valid to change the name of Privileged Leave balance on 31st December of one year to become Special Sick Leave on 1st January of the next year?
An organization made such a decision and further made policies to make that PL balance lapse in the next 90 days, which is already "renamed" as Special Sick Leave due to such invalid decision-making.
My question is, can PL leave balance be renamed to any name as it contains monetary value to the employee?
Regards
From India, Lucknow
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As a general practice followed in organizations, carrying forward is permitted only in the case of Sick Leaves (SL) or Privilege/Earned Leave (AL/PL/EL). As a normal practice, Casual leave should not be considered for carry forward. These are leaves employees have to avail to meet personal commitments or emergencies. The unavailed portion of CL shall automatically expire at the end of the year.
But if the company provides PL, can the name of PL balance be changed to Special Sick Leave for the next year?
My question is, is it valid to change the name of Privileged Leave balance on 31st December of one year to become Special Sick Leave on 1st January of the next year?
An organization made such a decision and further made policies to make that PL balance lapse in the next 90 days, which is already "renamed" as Special Sick Leave due to such invalid decision-making.
My question is, can PL leave balance be renamed to any name as it contains monetary value to the employee?
Regards
From India, Lucknow
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Dear Shomil,
The logic behind such a name change evades the understanding of people like me. If you explain how the same name like EL/PL/ALWW is going to remove the monetary value attached to it, it would be better.
In the matter of compliance with the legal provisions of any law by the employer, in my opinion, changing the nomenclature of the statutory benefits according to his own fanciful imagination will not serve any useful purpose but lead to unnecessary confusion only.
If the admissible leave balance at credit has a statutory ceiling, it automatically remains the same despite the periodical carryover. The employer has no right to declare such a constant balance lapsed even despite its unauthorized/ illegal name change. The provision for the encashment of such leave balance still remains at large on the occasion of termination of employment of the employee.
From India, Salem
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6185The logic behind such a name change evades the understanding of people like me. If you explain how the same name like EL/PL/ALWW is going to remove the monetary value attached to it, it would be better.
In the matter of compliance with the legal provisions of any law by the employer, in my opinion, changing the nomenclature of the statutory benefits according to his own fanciful imagination will not serve any useful purpose but lead to unnecessary confusion only.
If the admissible leave balance at credit has a statutory ceiling, it automatically remains the same despite the periodical carryover. The employer has no right to declare such a constant balance lapsed even despite its unauthorized/ illegal name change. The provision for the encashment of such leave balance still remains at large on the occasion of termination of employment of the employee.
From India, Salem
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Dear Shomil Jain,
You have raised the query on the employee leave; however, you have not mentioned whether provisions of the "Shops and Establishment Act" or "Factory Act" are applicable to your company.
I recommend you strictly follow the provisions of the act of your state as applicable to your company. Keep the nomenclature of the leave the same without changing the title. You may grant leave with the title of your choice over and above the act demands.
Thanks,
Dinesh Divekar
From India, Bangalore
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You have raised the query on the employee leave; however, you have not mentioned whether provisions of the "Shops and Establishment Act" or "Factory Act" are applicable to your company.
I recommend you strictly follow the provisions of the act of your state as applicable to your company. Keep the nomenclature of the leave the same without changing the title. You may grant leave with the title of your choice over and above the act demands.
Thanks,
Dinesh Divekar
From India, Bangalore
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