Sr. Manager Hr/admin
Adoni Suguresh
Sr.executive (per & Adm)
Chief Legal Consultant
Hr- Consultand

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Dear friends, we are a just start up company and need to know the information about the leave policy for the calendar year.
How much a employee can avail Casual Leave, Sick Leave & Earned Leave in a calendar Year.
As we do work 5 days in a week, hence please give the information about this with brief explanation.
Many Thanks.

As per the statutory requirements you should follow the leave policy as below
Earned Leave: 1EL for every 20 days worked
Sick Leave: 10 SL per year
Maternity leave: 12 Weeks (6 Weeks Pre-maternity & 6 Weeks Post-Maternity)
Remaining leaves you can discuss with management and shall be drafted the policy.

The leave rules may be framed as under.
1. Casual leave- One day fir each Calender month Maximum 12 days in a year which may be combined with Saturday, Sunday and Oublic holidays.
2. Cimpensatory Leave- For working on holidays, one day Compensatory leave may be allowed subject to a maximum of 20 days in a year which should be availed within 3 months of the holiday in which worked.
3. Earned Leave- 15 days for every six months of work starting from January to June and from Juky to December subject to a maximum of 30 days in aj

Continued from earlier post.

year which may be combined to be availed with holidays prefixing and suffixing subject to the condition that intervening holidays within the leave period will be deducted from Earned Leave.

4. Sick leave or Unearned leave on Meducal grounds- A maximum of 15 days in a year may be allowed subject to a maximum of 90 days for every five years of service. Production of Medical Certificate from the date of availing till date of leave expiry and production of medical fitness certificate at the time of joining back to duty is a must. Leave salary shall be paid only after rejoining back to duty.

5. Maternity leave for Married women- For each confinement and delivery 45 days pre marernity after confinement and 45 days for delivery and post care subject to a ceiling of total 90 days for First and Second Child only. A Doctor's Certificate is a must to be produced in advance for taking this leave and the leave salary will be paid only after rejoining back to duty. In case of persons covered under ESI such benefits will be given by the ESI.

R P Ramanathan, Advocate and HR consultant, Coimbatore


Hi Ramya,

Your query is not clear. What type of your company. It is falling under Factory Act or Shops and Est.Act. All the statutory leave will have the same procedure. To become the eligibility of leave one should complete the 240 working days in the preceding year. If the employee joined in the middle of the year he or she should complete two third of attendance against working days. One day for every 20 days is being calculated. This is statutory requirement. Over and above this, the employer has got liberal to allow the employee to avail the Casual leave and Sick leave which depends upon purely at the discretion of the employer or company and no any law binding on this and no any restriction. If you have the certified standing orders of the company and then you need to frame the leave rules provided if it is mentioned in the orders. Now you decide how to frame the leave rules. As the Act and Rules are elaborately explained in the labour laws and your expectation with brie explanation does not digest us. Enforcement of any procedures is by virtue of the base of applicable enactments and not on any assumptions. Hence you feel free to ask any doubt but with genuine problems and with patience and not on any assumption.

Adoni Suguresh

Sr.Executive (Pers, Admin & Ind.Rels) Rtd

Labour Laws Consultant

im working in an international school
want to form leave rules to the employees both teaching and non teaching
please guide me with all leave details and calculation (CL,EL/PL,COMP.LEAVE,MATERNITY LEAVE,VACATION etc...)
Thanking you in anticipation

Apart from the view of above forum members, would recommend you to refer the Shops & Establishment Act of your state or Factory Act as the case may be. The Act states the minimum Leaves you can give more than that if your management wish to, but have to adhere to the minimum. You can find many Leave Policies in this site for your reference and can amend according to your need.
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