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rajmore 22 (Service)     12 February 2008

Leave encashment

Dear all

I need to know, can employer refuse to pay a employee for encashment of his accomolated leave for the previous year.

what i want to know is that as per the compnay policy can employer make the policy that employees privious years leave will not be encashed in the current year. employee should keep the minimum 1 years leave bal. in his account.

pl. reply



 21 Replies

soulofvalbooj (n/a)     12 February 2008

no.. according to the employment act the employer has to pay the encashment. he doesnt have any right to make policy. it is an enacted law. from valbooj

rajmore 22 (Service)     13 February 2008

Dear valbooj thanks for reply Prashant

amalshere (n/a)     14 February 2008

Dear Valbooj, Can you please attached the soft copy of employement act with its sections, it will be more helpful to support the discuss with Mgmt
1 Like

soulofvalbooj (n/a)     14 February 2008


SANJAY DIXIT (Advocate)     14 February 2008

Thanx Valbooj, for the valuable information.

masuresh (HR MANAGER)     15 February 2008

Sir Our company is having PF Trust. We are paying only 8.33% to EPF office for Pension . Now we have paid Leave encashment to a left employee. Some one told me that 12% of leave encashment amount to be paid to EPF authrities for pension fund. Is it true. Kindly clarify. Suresh

Guest (n/a)     16 February 2008

Leave Encashment Rules

Sowmya Pillai (HR Executive)     22 February 2008

Hi Valbooj, Is there any particular law for leave encashment.. B'coz wat i heard was it varies from company to company according to their leave policy..some companies dont encash and carry fwd the leaves.. for example in my company we carry forward the remaining leaves to the next year.. I would appreciate if u can clear my doubt..

Guest (n/a)     01 March 2008

It depends on the Company Policy. In some Companies they allow acccumalation upto 42 days and ask balance to be consumed. This 42 days is payable at the time of resignation or retirement whichever is earlier. I believe the PL encashment is tax free. But some companies deducted tax and expect the employee to file returns and claim refund. I do not know if this is the best practice.

partharajagopal (HR)     03 March 2008

Hi Leave policy differs from company to company and levae policies are guided by Factories act for industry employers and shops and estd act for shop employees.u better go to the provisions. bynlarge companies casual leave can not be considered for accumulation and encashment.For motivating attendance some employers give encashment .Earenled leave or previlage leave only considered for accumulation and some parts of the leave may be encashed by requestion letter from the employee. Better try to give fav to employee and also to empr so that both of them win-win as a middle man u have to derive a policy like that.

Gyana Mishra (Service)     05 March 2008

If I say, My company has a policy of "use it or lose it " for privilage leaves. Then the leaves should not be necessarily carried forward.

Guest (n/a)     06 March 2008

what si factories act

Guest (n/a)     18 March 2008

I have resigned from an educational institute after serving 12 years as principal. I was entitled for an annual Earned leave of 33 days and at the time of leaving the organisation, i had about 300 earned leave in my credit. I could not avail the leave because of exigencies of work. Am I entitled to claim for encashment of earned leave if not for all the 300 days , atleast for the last 5 years. Please clarify.

Guest (n/a)     19 April 2008

sir, I want to know as per factory act how many days are available for a employee in a year . when he/she get their leave encashment (ending of year / when they leave the job or retired) please help me.

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