(1) Every employee who has served for a period of two hundred and forty days or more during a continuous period of twelve months in any establishment shall be entitled during the subsequent period of twelve months, to leave with wages for a period of fifteen days, provided that such leave with wages may be accumulated upto a maximum period of sixty days:
Provided that any continuous period of service in an establishment preceding the date on which this Act applies to that establishment shall also count:
Provided further that any leave accumulated by an employee in an establishment under the law applicable to that establishment preceding the date on which this Act applies to it, shall not be affected:
Provided also that every employee in any shop or establishment shall be entitled for encashment of the leave with wages for a period of eight days in every year.
(2) An employee may apply in writing to the employer, not less than seven full working days before the date of availing himself of his leave, to allow all the leave or any portion thereof, to which he is entitled under sub-section (1):
Provided that the number of instalments for taking leave shall not exceed three during a period of twelve months.
(3) An employee who has been allowed leave for not less than five days under sub-section (2) shall, before his leave begins, be paid the wages due for the period of the leave allowed if, he makes a request therefor.
(4) Every employee who has served for a period of not less than two hundred and forty days during a continuous period of twelve months in any establishment shall be entitled for encashment of eight days of leave with wages that has accrued to him under sub-section (1) during the subsequent period of twelve months. The employer shall pay to the employee the wages for the leave so encashed by the employee within a week of receipt of the application for such encashment from the employee.
(5) Every employee in any establishment shall also be entitled during his first twelve months of continuous service and during every subsequent twelve months of such service (a) to leave with wages for a period not exceeding twelve days on the ground of any sickness or accident, and (b) to casual leave with wages for a period not exceeding twelve days or any reasonable ground.
(6) Every employee in an establishment after he has put in not less than six months of service under the same employer shall also be entitled for a special casual leave not exceeding six days only once during his entire service, if he has undergone vasectomy or tubectomy operation, subject to the production of a certificate therefor from an authorised medical practitioner under whom he has undergone the operation.
(7) If any employee entitled to any leave under sub-section(1) is discharged by his employer before he has been allowed such leave, or if the leave applied for by such employee has been refused and if he quits his employment before he has been allowed the leave, the employer shall pay him the amount, payment under this Act in respect of the period of leave.
(8) If an employee is lawfully discharged by his employer when he is sick or suffering from the result of an accident, the employer shall pay him an amount payable under this Act in respect of the period of leave to which he was entitled at the time of his discharge in addition to the amount, if any, payable to him under sub-section (3).
(9) An employee in a hostel attached to a school or college or in an establishment maintained in connection with the boarding and lodging of pupils and resident masters, shall be allowed the privileges referred to in sub-sections (1) to (8), reduced however proportionately to the period for which he was employed continuously in the previous year or to the period for which he will be employed continuously in the current year, as the case may be; and all references to the periods of leave in sub-sections (1) and (5) shall be construed accordingly, fractions of less than half a day being disregarded.
30th April 2018 From India, Mumbai