Annual leave balance

Jayanthi MANJUNATH (Querist) 13 May 2021 This query is : Resolved
My company is asking me to go on LWP since the business is not good. I had 35 days AL balance as on March 2020. Out of which they made me apply for 29 days which I could not take nor they paid me. Now when I am asking them to pay me they are saying it's only 6 days. Can someone through some light. As per the polisy it says " Annual leave can be accrued to a maximum of 45 days at any given time. Only upto a maximum of 45 days at any given time. Only upto 6 days per year can be carried forward for accrual".

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An employee is seeking clarification on their annual leave balance after their company asked them to take Leave Without Pay (LWP) and then claimed only 6 days of their 35-day balance remained. The company's policy states a maximum accrual of 45 days, with only 6 days transferable per year. Advice suggests the company's policy might not be legally sound and recommends a formal written grievance to the employer, potentially followed by legal action if unresolved, as leave entitlements are governed by labour laws.

kavksatyanarayana (Expert) 13 May 2021
To me, your query is not clear. Usually, an annual balance of leave will accrue.

P. Venu (Expert) 14 May 2021
Availing of Leave at the discretion of the employee; employer cannot dictate as to the type of leave to be availed of.

T. Kalaiselvan, Advocate (Expert) 15 May 2021
The company's leave policy is not legally valid and can be challenged in the labor court if the company is insisting on it.
The company has to comply with the labor laws of the country and cannot make their own rules to deprive the rights of an employee on any matter.
You first make a representation to the company in writing about your grievance in this regard and request them to give you relief, if the company is adopting any other tactics to suppress you, then you may resort to legal action as per the provisions of labor law.

Dr J C Vashista (Expert) 16 May 2021
Leave is internal policy matter of the organisation / employer which can not be claimed as a matter of right.

Terms and conditions of employment shall govern all types of leave.

Which is your company / employer allowing annual (paid) leave to its employees ?

It is better to consult a local prudent lawyer.

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