Is the leave application is necessary for taking leave ?

There may not be any enacted law as such. But every establishment, whether private or Government, will have their standing orders, which will stipulate many things to be done or not to be done by their employees, in order to create an atmosphere for efficient working. If an employee wants to be absent on a day or for several days, his boss should know in advance and his permission would also be required. The leave application can be on plain paper or on a prescribed form depending on the policy of the establishment.

In Government and in some private establishments, an employee, who proceeds on long leave will be eligible to draw salary in advance for the leave period. The department which disburses advance salary may be different from the department where the person is employed. Hence the leave application with leave granted will be required to disburse the advance salary.

So the answer to the question is "yes". As for which law, it would be the standing orders or bye-laws of the establishment. As for the validity or enforceability of such orders an establishment can have any standing orders or bye-laws, which are not in conflict with the laws of the land.

I partially disargee with the views "There may not be any enacted law as such. But every establishment, whether private or  Government"

 

In Govt sector leave rules are laid down which provide that no leave can be granted without an application from the employee.

 

On remaining part I fully agree with Mr Ramani.

 

The different sectors shall follow the enactments applicable to the sector………………

 

 

e.g. Apprentices Act, 1961, Mines Act, 1952, Sales Promotion Employees (Conditions of Service) Act, 1976, Domestic Workers (Registration Social Security and Welfare) Act, 2008, Plantation Labour Act, 1951, Working Journalist and Other Newspaper Employee’s (Conditions of Service) and Miscellaneous Provisions Act, 1955

Usually all such enactments are available at the Dept. of Labor website of the state and centre……………….

If the establishment is under the Shops & Establishments Act, then it will have to abide by the rules of the S&E Act of the respective State……………..

If the establishment is under Factory Act, then it will have to abide by the rules of the Factory Act ……………..

If the enterprise is under SMALL ENTERPRISES (EMPLOYMENT RELATIONS) ACT it shall follow it……………….

 

Standing Orders, negotiated bilateral settlement between employer-employees……………………can decide and provide better or over and above benefits and  leave policy of the establishment, e.g; Child care leave, Child Adoption Leave, Paternity Leave, Bereavement leave, Study Leave, Sabbatical leave, Extra Ordinary Leave, Leave on LOP, Leave not due, etc……….. and how such and other leave should be availed………………..by different categories of Employees, executives, managers…..etc

Prior Intimation for the leave should be given for approval…………………….and approval or declinature should also be supplied in writing. Casual leave may be an exception to an extent. Remaining absent without approved leave beyond say……………….8 days may result into loosing lien on employment.

e.g; Model Standing Orders:

9.     Leave: ………………….(2)       A workman who desires to obtain leave of absence shall apply to the…………………………… who shall issue orders on the application within a week of its submission or two days prior to the commencement of the leave applied for, whichever is earlier, provided  that if the leave applied for is to commence on the date of the application or within three days thereof, the order shall be given on the same day. If the leave is refused or postponed……………………………. copy of the entry in the register shall be supplied to him. If the workman after proceeding on leave desires an extension thereof he shall apply to the 12[employer or the officer specified in this behalf by the employer] who shall send a written reply either granting or refusing extension of leave to the workman if his address is available and if such reply is likely to reach him before the expiry of the leave originally granted to him.

(3)                               If the workman remains absent beyond the period of leave originally granted or subsequently extended, he shall lose his lien on his appointment unless he (a) returns within 8 days of the expiry of the leave and (b) explains to the satisfaction of the 12[employer or the officer specified in this behalf by the employer], his inability to return before the expiry of his leave. In case the workman loses his lien on his appointment, he shall been titled to be kept on the badly list.

10.  Casual leave.--A workman may be granted casual leave of absence with or without pay not exceeding 10 days in the aggregate in a calendar year. Such leave shall not be for more than three days at a time except in case of sickness. Such leave is intended to meet special circumstances which cannot be foreseen. Ordinarily, the previous permission of the head of the department in the establishment shall be obtained before such leave is taken, but when this is not possible, the head of the department shall, as soon as may be practicable, be informed in writing of the absence from and of the probable duration of such absence.

14.                              Disciplinary action for misconduct.-

(3 )(e)     habitual absence without leave or absence without leave for more than 10 days,

 

For other kind of leave e.g; Maternity Leave is concerned, the establishment has to abide by the Maternity Benefits Act.

 

 

 

 

There are leave rules for a govt. Employee, a service rule book is there in which clearly mentioned that what leaves an employee entitle and how he can avail like their c.L ,E.L, M.L, patrrnity leave ,maternity leave etc....one should prior sanctioned his leave in The leave form.it all is done only to make proper arrangement in lieu of one person is on leave.if leave rule were not followed by a govt. Employee then deciplinary action may be taken against them.

Dear colleagues,

It is wrong to say that there is no statute in this regards. For private organisation The Industrial Employment Standing Orders Act prevails, and for govt. organisations they have their certified framds service rules. Further, as leave is not a matter of right,one is required to  request his superior officer for leave/permission for remaining absence from place of work.The request may be on plain paper or in standard leave application form.  Secondly, in absence of leave request (whether on plain paper or  leave application form), it may be construed by employer that an employee is  ABSENT without proper permission. This period of absence after certain no. of days is treated as period for disciplinary action.  Hence, if one is required to remain away from the work/duty, it is in the interest of employee to seek leave through laeave application.