Leave Policy - Employees State Insurance
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Leave Policy - Employees State Insurance

rujvim Started The Discussion:

how many total leaves employee can get in a year like CL, PL, SL etc Rujvi Mehta Sr Executive - HR

mayaydv - Member Since: Mar 2009
Dear Rujvi,

I got this from this Cite. I think it will be use full for you.

Leave Policy

Policy Statement & Objective:

This Policy encourages its employees to take break from work as this provides for a healthy and efficient staff. The leave policy sets out the various types of leaves that an employee is eligible for and outlines the procedure for taking leave.

1. Leave Eligibility
2. Casual Leave
3. Sick Leave
4. Maternity Leave
5. Modalities
6. Leave during notice period
Leave Eligibility
Employees on permanent rolls of the company are eligible to avail leave as per policy. Leave is credited to your individual account, on 1st of January each year. Leave eligibility for the year is calculated on a pro-rata basis, from the date of joining.
TYPE OF LEAVE
Casual Leave
• An employee is eligible for 10 working days per calendar year or the pro rata equivalent from the date of joining during the first year of service.
• An employee should inform his/ her immediate superior in advance.
• Casual leaves needs to be intimated and approved at least 2 days prior.
• Unused CL at the end of the year would lapse and cannot be accumulated.
Medical Leave
• An employee is eligible for 12 working days per calendar year or the pro rata equivalent from the date of joining during the first year of service.
• Original medical certificate should be provided along with leave application for medical leaves.

Maternity Leave
Women employees are eligible for Maternity leave upon completion of a minimum of 80 days of service at the Organization, as defined in The Maternity Benefit Act, 1961. This facility will be available for the birth of the first two children only.
Maternity leave would be granted for a maximum of 90 days including all the weekly offs and holidays falling in between.
Modalities
Maternity leaves for Females would be as per government regulations and as per management decision.
Leave during notice period
During the notice period an employee is expected to spend adequate time to hand over responsibilities to another assigned employee. Any leave taken without prior permission will be treated as LWP.
Leave during probation period
During the Probation period an employee is expected to spend adequate time to learn responsibilities. Any leave taken during probation period will be treated as LWP.
Leave benefits:

Only employees who would have a balance of more than 15days at the end of their 1yr contract will be compensated with paid vacation for the equal number of available days.

Employees are entitled to take 2 leaves per month including casual leave and medical leave.

None of the leaves are carry forward and management decisions are final.

The company can change the leave policies as per requirement from time to time.

Regards.

Maya Yadav
(HR Executive)

R.N.Khola - Member Since: Feb 2009
Dear Rujvi Mehta,
Sr Executive - HR

An employee can get as many as leaves under different heads as you wish or deem fit but at the same time you are required to grant minimum statutory leaves as per different leave related enactments as applicable to your establishment.

Regards,

R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

ravinderrana49 - Member Since: Jul 2008
As per statutoryn provision how many leaves an employee can get??? of all types — CL,PL,SL etc. Regards, Ravinder Singh

R.N.Khola - Member Since: Feb 2009
Dear Ravinder Singh,

First examine which of the Acts relating to leaves are applicable to your unit out of Punjab Industrial Establishment (National & Festival Holidays & Casual & Sick Leaves ) Act, 1965, Punjab Shops & Commercial Establishment Act, 1958 and factories Act, 1948 & then finalize these leaves as mentioned by you.

Regards,

R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

Rizwan Ahmad - Member Since: Jul 2008
Quote:
Originally Posted by rujvim View Post
how many total leaves employee can get in a year like CL, PL, SL etc


Rujvi Mehta
Sr Executive - HR
Dear Rujvi Mehta

Your quary regarding CL,PL,Sl, etc

Leave are of Different type.
NFH (National Festival Holiday)
CL (Casual Leave)
SL (Sick Leave)
All three type of leave comes under Industrial Establishment ( National Festival Holidays & Casual Leave & Sick Leave )Act 1965 and define for every state so check this Act other wise you met with Labour Department for clear-

EL (Earn Leave)
Earn levae define through The Factory Act, 1948, Section 79,Eligibility for EL is 240 days minimum working in prev. year. one day for working of 20 day in case of Adult workers and one day for working of 15 day for child workers

Calculation:-
Total Days in a year =365 Days
Total absent in a Year = Sundays+NFH+CL+SL
Total Present = Total Days in a Year-Total Absent
Total EL= Total Present/20 (For Adult)
Total EL= Total Present/15 (For Child)

Maternity Leave not Exceding 12 Week in a year.

Regards
Rizwan

vkm2009 - Member Since: Jul 2009
Dear Rujvi Mehta,
Sr Executive - HR

An employee as per rule take 8(CL)/8(SL) and the number of (PL) is calculated by covering 20 days of present,we can say that 1 PL is given on 20 working days.

VIVEK
GURGAON

R.N.Khola - Member Since: Feb 2009
Dear VIVEK,

Which of the Act or Rules one is entitled to have 8 days CL & 8 days SL ?

Regards,

R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

priyankakaw - Member Since: Feb 2007
Hi all,

Can any one tell me:
In Factory: workers are entitle to PL -1 leaves after 20working days i.e 15 PL in year
Are they also eligible for CL also?

Leave policy for employees, where I have kept PL = 15, CL = 12 (1 leave / month)
Employee can accumulate Sick leave under their PL.
Public holidays 10
Provision of Maternity & Paternity leave.

Are workers also eligible for the same leave policy as that of employees?
Please suggest me.

Thanks & Regards
Priyanka

R.N.Khola - Member Since: Feb 2009
Dear Priyanka,


For eligibility & grant of Earned Leaves to workers you are to adhere to chapter VIII of the Factories Act, 1948 which relates to leave with wages. They are also entitled to get seven Casual Leaves as per The Punjab Industrial Establishment (National & Festival and Casual & Sick Leaves) Act, 1965 as applicable to Delhi.


There is also a provision in this Act for 14 days Sick Leave at half pay in a year. However the workers entitled to sickness benefit under the Employees State Insurance act, 1948 are not entitled for sick leave. Since most of the factories are covered under Employees State insurance Act, 1948, the sick leave provisions are generally not applicable on workers employed in factories. It has also been clarified in Section 14 of this Act, that nothing contained in this Act, shall affect any right or privileges, which any worker is entitled to receive under any other law, contract, custom or usage, if such rights or privileges are more favorable to him than those to which he would be entitled under this Act.


You are to go through the definition of the worker in both the Acts i.e. Factories A ct & The Punjab NFH Act, 1965 & extend the minimum required leaves to them in accordance these Acts. After this for remaining staff & officers of your factory who are not covered under the definition of the worker, you may make Rules for grant & procedure of these leaves.
Comments submitted as requested.


Regards,

R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361



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