You are right in pointing out that Rule 5 of the "THE PUNJAB INDUSTRIAL ESTALISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) RULES, 1966" stipulates that "During the first year of service a workman may be allowed not more than two days’ casual leave for every three month of service". This is a precautionary clause intended to grant the casual leave to the employee on proportionate basis so that one should not avail the leaves more than his entitlment.
As regards your second query is concerned,you have rightly guessed that it is the year in which an employes joins. As you must be aware that as you earned your salary once you complete a month.Similar way, you earn your leaves. As soon as you complete service of one year with an employer, eight casual leaves are credited in your account, which you can avail in more relaxed way instead of on the proportionate basis as done in during the first year of service.
I hope, I am able to clear you doubt.
Member since Aug 2011
23rd April 2014 From India, Mumbai
Thanks for replying, Now it is very much clear but I have a small doubt in my mind. It will be great if you can clear it.
1. Suppose an employee joins in December 2013. Then How many CLs he can take in that year. As you said that the first year is the year in which an employee joins. But as the employee not completed his first year, will he get 8 CLs in the month of January or he will be entitled for maximum 2 CLs in a quarter.
2. During his first year an employee is given leave in pro rata basis and he can avail 2 CL in a quarter. But in second year of service as he get 8 CL. Can he take more than 2 CL in a month or not?
24th April 2014 From India, New Delhi
Section 4 of the "THE PUNJAB INDUSTRIAL ESTALISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) Act,1965" provides that "Every worker shall in each CALENDER YEAR, be allowed by the employer casuaI leave for seven days and sick Ieave for fourteen days" in such manner and on such condtions as may be prescribed.
As you have mentioned that suppose an employee joins in December 2013, in my opinion he will not get any leave for the year 2013 and continue to get the CL on proportionate basis at the rate not more than two days’ casual leave for every three month of service during the year 2014. From the calender year 2015, he will be eligible for seven days CL (not eight as I mentioned in my earliar mail) and can avail more than two days CL.
Regarding your second query, of course an employee can take more than 2 CL in a month. Sub Rule (4) of Rule 5 is relevent in this connection, which stipulates that except for emergent reasons, casual leave shall not be asked or allowed for more than two days at a time.
Member since Aug 2011
24th April 2014 From India, Mumbai