KK!HRBefore you venture into the new leave policy, you need to ascertain the position in the applicable Standing Orders or the Shop & Establishment Act as the case may be. You need to follow the provisions. In case they are not applicable, you will have to check the position in the neighbouring establishments and try to follow the same.
The suggestions are as follows:
1. Some states like Kerala, Tamil Nadu, Maharashtra etc have National & Festival Holidays Act, so it has to be followed for deciding the quantum and the necessary number of days. (Many states have declared 1st May & 14th April as National holidays)
2. As per the Maternity Benefit Amendment Act 2017 , maternity leave has been increased, the duration of paid maternity leave available for women employees from the existing 12 weeks to 26 weeks. This benefit could be availed by women for a period extending up to a maximum of 8 weeks before the expected delivery date and the remaining time can be availed after childbirth. For women who are having 2 or more surviving children, the duration of paid maternity leave shall be 12 weeks (i.e. 6 weeks before and 6 weeks after expected date of delivery).
Maternity leave for adoptive and commissioning mothers:
Maternity leave of 12 weeks to be available to mothers adopting a child below the age of three months from the date of adoption as well as to the "commissioning mothers". The commissioning mother has been defined as biological mother who uses her egg to create an embryo planted in any other woman.
You may consult the provision applied and decide the matter.
From India, Mumbai
I presume your query is relating to your unit located in Rajasthan, if so, you have to model your policy in consonace with the Shops & Commercial Estt act of Rajasthan as pointed out by Mr.KKHR. Reg. maternity leave, the Maternity Benefit Act should apply intoto.
Similarly, reg. National & state holidays (paid) you should adopt the notifications issued by Rajasthan state govt. every year.
From India, Bangalore
Nagarkar Vinayak LDear colleague,
1. You should examine first whether your establishment is a factory or commercial establishment and follow legal provisions under them relating to matters of leave.
2. The Acts lay down minimum mandatory requirements and you can choose to give better benefits.
3. There are four National holidays - 26th Jan, 1st May, 15 the Aug and 2nd Oct- Gandhi Jayanti which are mandatory.
4. As regards ML, you have to comply with the amended law as pointed out by other colleagues.
5. Some State Shops and Est Act/Rules provide for minimum number of leaves - EL, CL, SL and Paid holidays for example Maharashtra State. Check with your State Act if applies to you and comply.
6. Apart from legal requirements, another principle to be considered in formulation of leave policy is region cum industry practice. So check on it.
HR and Employee Relations Consultant
From India, Mumbai