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While writing a leave policy should national rules and regulation, or state in which company plans to setup operations irrespective of their registered office being elsewhere, be followed. If yes, then should two different state offices might have difference in there leave policies.
Like having operation in bangalore, (Karnataka) maternity leave provides 12 weeks(80days) and in north states 60 days.
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Are you an establishment? Then statutory or minimum leave quantum will depend on state's Shops Act. In policy you may as best regulate rules & regulations about application, number of occasions of leave in a period so on & so forth.
Maternity Benefit Act or ESI Act are central acts. As for maternity leave under both the acts it is 26 weeks. You are misinformed on this count.
A company with offices Pan India will have to follow national rules on the subject and in states where there is a change ,then it should take into account those modifications also.
Many Acts have specific State amendments as authorised and they need to be taken into a/c
Some state may declare X festival as holiday and others may declare Y festival as holiday.Need to factor such variations in leave policy.
Dear Ashes,
Please note,
i) Leave policies are applicable as per states where your office is located at.
ii) Maternity leave is an centrealised act and thus it cannot be modified by states as specified by you in your query thus Maternity Leave which is applicable is 182 days ie 26 weeks.
It's not possible to implement a common holiday list and leave policy applicable all over India. Maternity leave is different as this is by a central act. However there is no hard and fast rule for an employer to follow a common policy for their offices all over India, but it would be necessary to adhere to the leave package as prescribed in labour laws (factory act, shops act, mines act, ESI act. Standing Orders etc.) applicable and the list of holidays as published by the respective state governments applicable within their states. Therefore both these two aspects have to be taken care of.
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