Understanding Casual and Sick Leave in Factories: Can You Share Your Insights?

Dear All,

Can you explain about Casual Leave, Sick Leave, and other leave in a factory and establishment?

Suthanthira Selvan

Hi

Casual Leave---Casual leave differs from comapny to company . like some give 14 or some may give 21 days in a calender year.Employee may carry forward equal to less than leaves provided for the next years... Employees who have leave to an excess to his credit can encash the excess quantum or a part of the same. However this needs to be communicated to HR

Sick Leave------This leave can not be carried forward to the next year.

Employees who are unable to work due to illness or injury should notify their direct supervisor before the scheduled start of their workdaySick leave benefits are intended solely to provide income protection in the event of illness or injury, and may not be used for any other absence. Unused sick leave benefits will not be paid to employees while they are employed or upon termination of employment

Unpaid Leave------This will only be authorised where there is a genuine need to take time off from work, (in exceptional circumstances) and when you have exhausted all other entitlements, which are provided under other company policies. At all times the Company reserves the right to refuse an application for unpaid leave of absence for any reason that does not fall under other company policies including the Parental Leave Policy and the Time Off for Dependants Policy. The leave period is Inclusive of Saturday, Sunday and holidays

Maternity Leave-----As per the “ The Maternity Benefit Act 1961” women employees are eligible for a leave of 90 days. This 90 days are inclusive of Saturdays, Sundays and holidays.

Paternity Leave------A male employee becoming a father will be eligible for a paternity leave of 3 days overlapping with the delivery period. The leave shall be a continuous one.

Thanks

Hi,

That's great information. Could you please provide details about maternity leave? Are the 90 days paid or unpaid? What happens if a woman is unable to return within 90 days but comes back after 150 days?

Thanks,
Umesh T

Hi Mr. Umesh,

Regarding maternity leave, it is a paid leave. If she extends her leave, then it becomes unpaid leave. If she is absent by herself without leave or remains absent beyond the period of leave originally granted or subsequently extended, then she is considered as having voluntarily terminated her employment without giving any notice unless she (i) returns to work within ten days of the commencement of such absence; and (ii) provides an explanation to the satisfaction of the Company or evidence (i.e. a medical certificate by a registered officer) regarding such absence.

I have provided the information to the best of my knowledge. I hope I have at least given a 50% answer to your question.

Dear,

I am also a new subscriber of this site. As I have knowledge about it, I am providing some details below:

1. CASUAL LEAVE - 12 (FOR ONE YEAR)
2. EARNED LEAVE - 15 (FOR ONE YEAR)
3. SICK LEAVE - 7 (FOR ONE YEAR) (But it depends on company policy; some companies do not provide this leave).

I hope this information is helpful to you.

Regards,
R.P. Dixit

Dear Friend,

The different types of leaves are:

- Earned leaves/Privilege leaves: These are the leaves that are earned in the previous year and enjoyed in the preceding years. They are also known as privilege leave and can be carried forward for up to a total of three years. The rules vary from state to state as per the shop & establishment act. These leaves are encashable based on the basic salary of the employee. The conditions for taking these leaves usually differ from company to company but usually require a notice period of at least 15 days. These leaves can be clubbed with sick leave if the sick leave balance is insufficient.

- Casual Leave: These leaves are granted for unforeseen situations or when you need to take one or two days off. Normally, companies restrict these leaves to a maximum of 3 days per month. In such cases, one must either seek prior permission or regularize it upon joining. Casual leave is typically not combined with privilege leave but can be combined with sick leave if there is no sick leave balance. The rules regarding the quantum of these leaves vary from state to state as per the shop & establishment act. Generally, casual leave is not encashable and cannot be carried forward. At the end of the year, any remaining casual leave balance is usually converted to privilege leave in the leave account to manage absenteeism.

- Sick Leave: As the name suggests, these leaves are for when an employee is sick. The rules for the quantum of sick leave are governed by the shop & establishment act of the respective state. Sick leave can be carried forward with the rationale that an individual may face severe illness requiring medical attention and time off work. It is usually recommended to carry forward sick leave for up to 45 days; otherwise, it may lapse. This accumulation also helps reduce absenteeism due to minor illnesses. If a person is sick for more than 3 days, they are typically required to provide a medical certificate.

- Maternity Leave: This leave is granted for 12 weeks, with six weeks before delivery and six weeks after delivery. The employee must submit a fitness certificate before resuming duty. Further details on maternity leave have been provided by Ms. Shilpa.

- Leave Without Pay: If an individual does not have any leave balance and needs to take time off, the company may grant leave without pay. This can be adjusted against future leave or, in special cases, converted to special paid leave based on the individual's contribution to the company at the discretion of management.

- Compensatory Off: These leaves are granted to individuals who work during holidays. They are typically compensated as additional leave or can be encashed.

I hope I have provided clarity on the various types of leaves I am aware of.

Thanks & Regards,

Amal Shere

Hi Umesh,

Eligibility to get Maternity benefit:
No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit, for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery.

No. of days Leave:
The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day:
- Up to 12 weeks - paid leave
- Exceeding 12 weeks - unpaid leave

An employer can't dismiss or suspend a woman when she is on maternity leave.

Suthanthiraselvan

Hi All,

Small note on ML: 12 weeks' leave can be post-delivery too in case the concerned employee has worked until the day of delivery. If she is covered under ESI, the company will not be paying her; instead, ESI will take care of the payment. In the Master Roll, she has to be marked as ESI - ML.

Regards, Veena

Hi all,

This is my first day on the job and on this site. I have joined a small company as an HR executive and need help regarding the Leave Structure. In my company, only Casual and Paid leaves are allotted, and they are as follows: CL: 11 days and PL: 15 days.

Please assist me with the statutory obligations for the minimum leave required to be allocated for a company registered under the Bombay Shop and Establishment Act.

With regards,
Jasmine

Dear All,

Please advise!!

I had six casual leave days to my credit by December 2008. My company only allows 3 CL days at a stretch. I happened to take my remaining leave by combining it with a Sunday as I could not report to work. As a result, there was a pay cut for 4 days.

Since I was only aware that CL could be combined with Sunday, I took my remaining leave after Sunday, i.e., 3 CL days, one Sunday, and 3 more leaves. I was unsure if this was permissible but went ahead and took the leave. Please advise if this can be done when there are remaining CL days. (The only information I knew was that Sundays can be attached to CL days).

Regards,
Ruby

Hi, is sick leave mandatory in a company to provide its employees? In my company, I don't see this component in my leave structure. Also, there is no paternity leave.

Can you please let me know about the above leaves and whether they are mandatory according to the law?

Regards,
Msr_sap.

Dear all,

My company provides 6 sick leave days in a year. Are we entitled to avail these sick leave days proportionately over the span of a year, or can we use them within 4 or 5 months if we are unwell?

Kindly guide me on this.

Regards,
Neha

Dear Neha,

If sick leaves are granted to you under any labor law, then you have to refer to that provision for the procedure and entitlement of sick leaves. If the management is providing these leaves under any of the rules or policies framed by them, then you have to review those rules regarding your query.

With Regards,
R.N.Khola

Dear Member,

Until and unless we know which Act(s) is/are applicable to your company for granting different types of leaves, we cannot confirm whether sick leaves are mandatory. We do not have any labor law that provides for paternity leave.

With Regards,
R.N. Khola

Hi, is sick leave mandatory in a company to provide its employees? In my company, I don't see this component in my leave structure. Also, there is no provision for paternity leave. Can you please inform me about the above leaves and whether they are mandatory according to the law?

Regards,
Msr_sap.

Can we club EL, CL, and SL on medical grounds?

Regards,
Arun Bali
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