• Regarding earned leave

I am working as an assst Prof in a Pharmacy college which was established under society act in 1986. i am working there since last 11 years. can i be able to take my earned leave? In what circumstances can i avail it?
secondly, If i want to quit the college, whether i can avail gratuity along with my EPF or not?
the college is approved by AICTE, Pharmacy council of India and govt of odisha., affiltated to Biju patnaik tech university, Odisha.
 i shall be obliged if you could help me in this regards.
regards
Asked 1 year ago in Labour from Sambalpur, Odisha
1.Normally for each month, an employee would have earned 2.5 days of earned leave totalling to 30 days in a year in a government organisation.
2.Since you are working as an Assistant Professor in a Pharmacy college since 11 years, each year your leave account shall be credited 30 days earned leave, subject to a maximum credit limit of 300 days at any given point of time.
3.In the earned leave there will be 2 components, i.e., (a) encashable earned leave and (b) non-encashable earned  leave in a government organisation.  An employee will have the option to encash the half of earned leave credited to his credit each year.
4.Earned leave can be availed by obtaining permission from the competent authority well in advance and has to be availed after getting confirmation from the competent authority.
5. Earned leave can be availed for any function like marriage in the family, for long sightseeing trip, sickness etc., and also to set off against the notice period in case of resignation.
6.Gratuity is paid for the employee who has completed 5 years of service at the rate of 15 days equivalent salary for each completed year of service. 
7. You can avail savings in your account in EPF by applying to the PF office of the concerned jurisdiction or can get the accumulated savings transferred to your account of the new employer.
8. EL is what you have earned during the service of the organisation and it is your right to avail the same.  However prior permission of the competent authority is a must and the EL can be set-off against the notice period in case of resignation and can be availed for family function, trip in the family, study leave, or for any reason which requires long absence from the organisation.  
9. The college is bound to provide you the earned leave which you have earned.  However prior sanction of the competent authority is a must.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. Yes, you can apply for earned leave.It is surprising that you have not yet applied for EL even once during your period of employment. Hope you have appointment letter and EL deposition is shown in your salary slip,

2. If you have received your appointment letter and PF is being deducted from your salary, then you are entitled to gratuity and EPF.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. EL is the leave which you have earned,

2. You shall have to submit your EL application before 1 month ( which is the rule of most of the organisations) showing the ground of touring, treatment or nay such requirement.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. As stated in my earlier post, you are supposed to apply for your EL one months early and avail it after it been sanctioned by your appropriate authority,

2. Have you already gone on leave with out your EL been sanctioned?

3. If you have gone on leave without following the procedure to take EL, then you can be questioned by your college,

4. Collect medical certificate to prove that you were sick and ailing for which you had to leave your college for treatment after applying for EL,

5. If you have ELs deposits in your EL acount shown in your salary slip, then you can encash those ELs (if your college has the rule for paying money if ELs are surrendered). There will be a restriction on the days of ELs which your can encash,

6. You certainly will get your gratuity once you leave the college after following the resignation procedure properly.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1.You should have taken acknowledgement for having submitted the EL application.  However atleast now contact the leave sanctioning authority to know the status of your leave application.
2.If you have decided to resign from the college and if there is a notice period mentioned in your appointment order, then you can set off your earned leave against your duration of notice period.
3.Normally when an employee resigns from the post, the accumulated earned leave shall be treated as encashable earned leave and if such a practice is being observed in your organisation, then you will be eligible to get cash equivalent to the number of days of encashable earned leave.
4.In the alternative, you can actually avail leave till it is exhausted, but you should take approval of sanction of your leave from the leave sanctioning authority.
5.The teachers are beneficiaries of the provisions of the Payment of Gratuity Act, 1972. In fact the Act by amending Section 13 has also nullified the effect if any due to judgement of the Hon’ble Supreme Court had on payment of gratuity.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Labour Lawyers

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
B.T. Ravi
Advocate, Bangalore
736 Answers
31 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Advocate Buvaneswari
Advocate, Chennai
24 Answers
12 Consultations
4.4 on 5.0
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0