Hi Gauri
As observed from the details given by by you, your establishmnent is covered under Factories Act 1948. You have not made it clear whether your company has framed any leave scheme of it's own. However so far as the computation of annual leave (earned leave) under Fcatories Act is concerned, as other members have already explained, EL shall be calcuated at one day for for every twenty days of work performed by a factory worker. Supposing a worker joined on 1st january and was in service till 31 December and availed 20 days EL during the year, he is deemed to be in service for 365 days.. However, for calculating leave earned by a worker during the calendar year, you need to include all weekly offs since they are paid, paid holidays, any days of lay off effected under an agreement etc but the period of leave availed during the year shall be excluded. Thus his earned leave has to be computed for 345 days after substracting 20 days of leave availed by the worker during the calendar year.
Computing leave at one day for 20 days of work for 345 days, his earned leave will work out to be 17.25 days. However any fraction of the day less than half a day shall be ignored and thus the total leave admissible is 17 days for the relevant calendar year.
If any worker joined on ay day other tahn on 1st january of the relevant calendar year and did not put in 240 days of service, his leave shallbe calculated as above provided he has worked for two thirds of the remainder part of the calendar year.This leave can be availed on medical grounds also. Factories Act does not provide for sick leave seperately.
The Factories Act does not provide for casual leave. You need to provide for it and sick leave unde your standing orders.
Trust this will clarify your leave issue.
B.Saikumar
HR & labour Law Consultant
Chipinbiz Consultancy Pvt.ltd
Mumbai
022-28324234/Mob : 09930532927