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Employer not approving the annual leaves, what can I do?


19-Dec-2023 (In Labour & Service Law)
I had informed a month prior to my scheduled annual leaves of 1 week. But my HOD is continuously refusing to provide approval on the leaves even though I have requested him many times. Even though they are continuously saying that year end is a critical time to provide leaves when the leaves are required to be availed but he has all the required personnel to manage the work in my absence. But he is rejecting the leaves request blindly saying no leave shall not be given to any employee during that time. He has been playing politics along with his subordinates and making a performance issue against me for the past few months even when there is no performance issue. They are specially targeting me & trying to spoil my image in view of sacking my job. Now when I already have done the reservation for the trip, being a female do I have a strong case against the harassment done to me by my employer due to the issues so far and also due to this leave issue if I go for leaves without approval.
Answers (3)

Answer #1
522 votes
You can flag this issue to the higher authority (HR head) or if there are no higher authority then you can directly approach the company's board of directors. If nothing seems to be a feasible option mentioned above then you can call for the domestic enquiry over the matter if there is any domestic enquiry board in your company or you can ask for the meeting under sexual harassment committee if you are 100% sure that you have a genuine case over the subject of sexual harassment by not approving your leave.
But all in all granting the leave is a discretion of the company depending upon the situation. Unless there is a sure shot conspiracy not much can be done over this subject.
Answer #2
800 votes
Your employment contract governs the fact whether you get guaranteed annual leave. While there are sanctioned days, it is usually upto the employer whether he wants to grant approval or not. If you are facing other issues specific to you being a female employee, there are other recourses.
Answer #3
947 votes
Few things will matter:
Did you applied in writing.
Is he refused in writing.
But yes dont leave without approval,speak on phone then i can advice you how to go about it.
It will go against you in future as it will lead to some complications at company level and you will
be told this happened due to your conduct.

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