Understanding Leave Rules: How Many Days Off Are You Legally Entitled To Each Year?

Dear All,

Please can anyone help me with information on leave rules and related Acts regarding the minimum number of leave days per annum?

Regards,
Somashekahr

Hi,

According to the Factories Act, the minimum leave entitlement per annum is as follows:

- Casual Leave (CL): 6 Days
- Sick Leave (SL): 6 Days
- Earned/Privilege Leave (PL): Employees should be granted 1 leave for every 20 working days.

Thank you.

Dear Somashekahr,

First, clarify whether your unit is covered under The Factories Act, 1948, or the State Shops Act.

Regards,
R.N. Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

If your establishment is covered under the Factories Act, you have to give one day of leave for every working day. It is not necessary to distribute it among Casual Leave (CL), Sick Leave (SL), and Privilege Leave (PL); instead, you can cover it as only Leave.

Additionally, there is a prefix and suffix rule that states the weekly off and the Paid Holiday will be calculated as leave if you take it in between two paid leaves. The same rule applies to absenteeism.

Can you let us know the act that specifies this prefix or suffix rule?

Subramaniam P G
9840096048

Hi,

Kindly refer to sections 78 to 84 of the leave rules of the Factories Act. It doesn't mention CL and SL types of leave; it covers only PL under the following conditions: If any employee joins on or before the 1st of January of any year, they are entitled to one day of leave for every 20 days worked if they are an adult (more than 18 years old) and one day of leave for every 15 days if they are a young person (less than 18 years old). PL can be availed only after one year of service as per the act.

Regards,
R. Sudhaakar
9962006113

Dear All,

Thank you for providing inputs. Our organization is covered under the Shops & Establishments Act, and we have a 5-day working week. In this scenario, as per the Establishment Act, there are 12 days of leave entitlement and Paid Leave (PL) - one leave every 20 working days. If the management announces only 12 days of leave altogether, are there any implications?

Regards,
Somashekhar

Dear Somashekhar,

You have taken so much time in explaining the applicability of this Act. Now, you may review the Shops Act of your state for the grant of different types of leaves to be allowed to the employees.

Regards,
R.N. Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

Dear all,

I too have the same question that Mr. Somashekar asked. Our establishment provides a total of 18 days of leave in a year.

Regards

Dear Somashekhar,

For shops and establishments, leaves may vary from state to state. So, it's important to look into the Shops and Establishments Act of the state your company is operating in.

Dear Seniors, Dear Sir,

What are the procedures followed to close a factory? Is there any compensation paid to employees? Please share your knowledge.

Regards, Soorya

Hello,

Just for my information, if an organization is covered under the Factories Act or Shop Act, what are the employees' eligibility in terms of leave such as Annual Leave, Sick Leave, Casual Leave, Compensatory Leave, or any other leave? Also, let me know the total number of National Holidays an employee has. Is it the same across the state or different?

I would appreciate your feedback.

Regards,
Saji

Hi Somashekahr

Types of Leaves: Privilege Leave, Sick Leave, Casual Leave.

This policy shall be applicable to all permanent employees.

Employees who are in probation are not covered entirely under this policy. Employees in

probation are entitled to Sick Leave, only.

Privilege Leave:

All employees will be eligible for 18 working days of Privilege Leave (PL) per calendar year

@ 1.5 per month. These leaves will be earned and added every month for each employee. PL will

be sanctioned proportionate to the period of employment in the current year on a prorata basis.

Unused PL's will be carried forward to the next year to the maximum of 10 PLs as per the

company rules and regulations.

Casual Leave:

All employees are eligible for 6 working days of Casual Leave per calendar year @ 0.5 per

month. These leaves have to be utilized within the year and cannot be carried forward to the next fiscal year. One can avail 2 such leaves simultaneously. Half day CL can be taken as needed.

Sick Leave:

All employees are eligible for 6 working days of Sick Leave per calendar year @ 0.5 per

month. These leaves have to be utilized within the year and cannot be carried forward to the next

fiscal year. Such leave for more than 2 days, needs to be supported by a certificate from a Valid

Medical Professional (Doctor). Half day SL can be taken as needed.

Hi,

Please send me details of the minimum leave per annum as per the Shops and Establishment Act.

Regards,
Sunil Kashyap

Dear Sunil Kashyap,

The Shops Act is not a Central Act. It is a State Act, and it is observed that different States have different leave structures under their respective Acts. Therefore, it is advised that you refer to your State Shops Act for information regarding leaves.

Regards,
R.N. Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

Dear All,

I would like to know the procedure for obtaining a new Trade License in Mumbai, the address of the office where we can apply, and the format of the application for a Trade License.

Regards,
Trupti

Dear All,

In the same concern, I would like to ask a question. I am working in the Financial Services Industry, and we also have an outbound call center. In my company, the management calls us to work on Sunday to compensate for any public holidays like Janmashtami or Raksha Bandhan. Is it okay according to regulations to work on Sunday? Working on Sunday leads to working for 13 consecutive days as we have a 6-day workweek in our company.

Regards,
Manoranjan

Dear Friends,

Please tell me about how many PL, CL, EL, SL, etc. are there for a hotel industry which comes under shops in Bangalore.

Regards,
Sneha

Please help me as I am new in HR. Kindly let me know what is the PF contribution % of both employee and employer. What is the ESI contribution % of both employee and employer. On which amount are these contributions calculated.

Regards,
Shashank

Hi,

SL is allowed for the employees who are eligible for ESI leave, i.e., if Gross salary is less than 10k, then SL is given since they have ESI leaves.

I am working in an organization in Gurgaon as an off-roll employee, and our principal employee is registered under the Punjab and Haryana Shop and Establishment Act. Can you please let us know what is the minimum number of leaves I am entitled to? According to my contractor, we are entitled to only 24 leaves (12 casual + 12 sick leaves) which are not encashed and transferable to the succeeding year. Please advise.

Regards.