Is it mandatory to give 30 leaves to employee in a year bifurcating to casual leave,sick leave and earned leave. Experts please help Regards, Shikha Godiyal
From India, Mumbai
KK!HR
1031

First of all you need to clarify as to the nature of your operations, is it a Factory or a commercial establishment, the number of employees, do you have certified Standing Orders etc before we can come up with an authentic reply.
From India, Mumbai
Dear Shika,

Whether it is private limited, public limited or LLP registered under the Companies Act,2013 or a sole proprietorship firm owned by an individual, private company refers to the constitution of the entity. It has nothing to do with the application of any establishment-specific Labor Law. Leave provisions under such labor laws are mandatory in nature. No policy of any establishment covered under such Act can run counter to the statutory provisions applicable. I think your private company is located and operates in the State of Maharashtra. If it is an establishment other than a factory, motor transport undertaking, a newspaper establishment or a beedi and cigar manufacturing industry, it will fall under the Maharashtra Shops and Establishments ( Regulation of Employment & Conditions of Service ) Act,2017. I am unable to figure out how you arrived at the total leave per year exactly as 30.

Chapter IV of the Act deals with the subject-matter of Leave with Pay and Payment of Wages exclusively under section 18 which you should carefully go through. The following are the different kinds of leave to be given to the employees:

1) Section 18(1): Weekly holiday with wages @ one day per week

2) Section 18(2): Casual Leave of 8 days in a year to be calculated on quarterly basis.

3) Section 18(3); Leave with Wages calculated on the basis of one day for every 20 days worked subject to the condition of rendering 240 days of minimum service in a calendar year and to be granted in the following year. The maximum no of days of leave that could be accumulated is 45 days at any time.

4) Section 18(7): Paid National Holidays of 8 days per every calendar year including the holidays on 26th January, 1st May, 15th August and 2nd October. Other 4 Festival Holidays are to be fixed by the employer in consultation with the employees before the commencement of the year. If the employees are required to work on any of these holidays, they shall be paid double the amount of the average daily wages and also compensatory leave on any other day.

The leave admissible under section 18 shall be exclusive of all holidays falling in between or at either end of the leave.

All the above types of leave are mandatory in respect of scale and sanction. Therefore, devise your leave policy accordingly.

From India, Salem
@KkHR it is a IT/Hardware networking company located in mumbai with employee strength of 60
From India, Mumbai
@umakanthan so national holiday should be 8
And CL 8
What about Sick leave?
The company which I used to work earlier they provided us with 7 casual leave, 6 sick leave, and privilege leave were 17 so that's how calculated as 30 and thought it is mandatory.
And yes the company is located in mumbai.

From India, Mumbai
@ Shikha Godiyal, you can provide SL to the employees. If the number if SL is not specified in Maharashtra S&E act, then company can decide number of SL they want to provide to the employees.
Minimum number of leaves have to be as per the S&E act, if employer is providing more number of leave which are prescribed under the Act no harm in it.
For further clarity, please feel free to connect with us @ hr.revolutionservices@gmail.com
Regards
HR Revolution Services
Ghaziabad

From India, New Delhi
Dear Shika,
All we can quote is the mandatory types of leave specified in the particular law applicable to your establishment only. If another establishment allows any other kind of leave over and above the statutory ones, of course, it is the discretion of the employer of such establishment. Well, you may also adopt it as our friend has suggested above. The statutory standards of employment conditions and benefits are minimum only.

From India, Salem

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