Leaves accrued within a year

PRAVIN JAGANNATH KHARADE (Querist) 08 April 2014 This query is : Resolved
Hi Sir,

If employee taken the leave against the accrued leaves thru Extra working & thru monthly allowed paid leaves, So employer force for not permit to take paid leaves due to hamper the work. It's correct or not. And explain what type of action taken against employer.

Thanks in advance.

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Kumar Doab (Expert) 08 April 2014
Your query is not clear………………

What is this establishment; Private or Government, Commercial or Industrial or Small Enterprise?
You and redg. Office of the establishment is located in which state?
Leave rules should comply to enactments applicable to the establishment and can offer superior benefits as per negotiated bilateral settlement with employer, standing orders, but can not provide inferior benefits…………..

For Extra working, if applicable OT should be paid.
Leave as applicable can be granted, encashed.

T. Kalaiselvan, Advocate (Expert) 09 April 2014
Leave is a privilege and not a right in some places, but in your case the paid leave is a right, the employer cannot deny except in the event of some exigencies.