Hi,
I dont know much about your Organisation and Industry type, but I am giving information both on the basis of a factory (manufacturing unit/plant) and a shop and commercial establishment.
Shops and Commercial Establishments is a state act, this the rules and regulations may vary in your state.
INDIAN FACTORIES ACT, 1948
Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of-
- If an adult, one day for every twenty days of work performed by him during the previous calendar year;
- If a child, one day for every fifteen days of work performed by him during the previous calendar year.
Which means any employee is eligible for 20 days of earned leaves in a year, beside that 10 casual leaves also to be given to employees
SHOPS AND COMMERCIAL ESTABLISHMENTS ACT
Earned Leave: Every employee, who has been in continuous employment of the same employer for a period of twelve months or over, shall addition to any holiday allowed, be entitled to earned leave for not less than fifteen (15) days for every twelve months of such service.
Casual Leave: Every employee, who has been in continuous emplyment of the same employer for a period of six months or above shall be entitled to Casual leaves not less than 10 days in any one calendar year.
Medical Leave: Every employee, who has been in continuous emplyment of the same employer for a period of six months or above shall be entitled to Sickness leave not less than 10 days in any one calendar year.
If the employee is a security guard or watchman, he will be eligible for 60 days of earned leave (if he's not given any weekly offs).
In above case, the sickness leave is available to employees who are not covered under ESIC (which means drawing salary more than Rs. 10000).
For employees in both Factories Act and Shops and Commercial Establishments Act, if they are covered under ESIC, they will benefiting sickness/medical leave and other benefits through ESIC only.
For example if an employer drawing a salary less than Rs. 10000 a month and covered under ESIC, when he is sick, he visits nearest ESI dispensary or hospital allotted to him for medical check up..for more than one day leave (in case bed rest or hospitalisation is advised by Doctor), the same is paid by ESI.
I hope I am clear. Further if you have any query, please ask.
warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com)