31st May 2012 From India, Delhi
Every employee who has been in continuous employment of the same employer for a period of 12 months or over shall be entitled to earned leave for not less than 15 days for every 12 months of such service. In case of watchman and caretaker not less than 60 days earned leave for every 12 months of such service. The total period of earned leave shall not be taken more than three times in a year.
An application for leave for 3 days or less shall be made at least 24 hours before the date from which leave is required.
The earned leave may be refused by the employer on grounds of exigency of work and reasons for giving refusal shall be recorded in writing and communicate to the employee concerned.
The employer shall communicate in writing to the employee the account of his earned leave including leave carried forward from the previous year, the leave earned during the year, the leave availed during the year and the leave to be carried forward to the next year, on demand made by him at the close of every year.
Every employee who has been in continuous employment of the same employer for a period of 6 months or over shall be entitled to sickness leave not less than 15 days in any one calendar year.
No application from an employee for sickness leave shall be refused but in case the employer is not satisfied about the truth, he may require a certificate from a registered medical practitioner.
Every employee shall be entitled in addition to earned leave or sickness leave, to casual leave for not less than 10 days in any one calendar year.
Every application from an employee for casual leave shall be in writing. The employer shall record his orders on all such applications and shall retain them for at least one year.
An employer may refuse an application for casual leave from an employee on the ground of exceptional pressure of work requiring his attendance on the day or days in respect of which casual leave has been asked for. But leave shall not be refused on account of accident, physical injury to the employee death in a family or sickness of the employee, his wife or child. where an application has been made on the above grounds an employer may get the employee or the wife or child of the employee as the case may be, examined at his own expenses by a registered medical practitioner for the purpose of verifying the facts mentioned in the application for leave and may grant or reject the application on the basis of the certificate of such medical practitioner.
The medical certificate shall be retained by the employer for at least one year. Where an application for casual leave is refused by the employer, the employer shall grant equivalent leave to the employee in the same calendar year.
Where the services of an employee are terminated by his employer or where the employee terminates the employment, the employer shall be liable to pay to the employee wages for the number of days which the earned leave id due to him.
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1st June 2012 From India, Mumbai