Legal Question in Employment Law in India

Deduction of salary if leave not applied for

I had fallen sick 17th of Jan and had informed my department head that i shall be unable to come to office.

On resuming duty i tried applying by the HRIS system in my office which would not accept my leave application after which i forgot to apply and the cycle closed on 20th of Jan.

I have 1.5 days sick leave, 1 day of casual leave and 27.5 days of vacation leave in my account.

The HR dept has deducted my days salary saying i had not applied for a leave through the system and hence have deducted my days leave.

Reply received from them is attached.

''We agree to the leave balance mentioned below by you. However if you were absent on 17 Jan as you were not keeping well, on resuming work on 18 Jan the leave should have been applied as per the rules.

If the leave is uncertain it can be applied next day or any time during the payroll cycle for which the reminder mail is sent by HR every month and non application of the same is considered to be absent and subject to deduction for the same.

Hence application of leave is must if there is leave balance in your account and HR is not responsible for deducting the leave from your account without your consent or any problem faced in HRIS.

Hence the reversal would not be considered

1 Answer from Attorneys

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