Questions & Answers
Employee's right to claim leave salary before completing one year of service
My employee took a 1 month leave in the 7th month of the first year despite a clause in the contract that the first one year continuous leave cannot be taken.
So during that time, the employee had agreed that she does not want to get leave salary for that month.
However, after she resigned and the labour contract has been cancelled after a 2-year contract, she has presently included that 1st year leave salary in her pending dues.
Am I liable to give that?
Dear Questioner,
Your employee is not eligible to take her annual leave on her 7th month of employment.
She can have one whole month leave only if she has completed 1 year of service.
Otherwise, she is entitled to take 2 days of leave for every month she completed, if she has completed 6 months of service.
You are liable to provide her with the leave salary only when she completes her 1 year of service.
Regards,
Rajasree Ravivarma
