Understanding Leave Policies in Maharashtra: Are Probationary Employees Eligible for Leave?

Dear Seniors, please help me with the Leave Policy as per labor law in Maharashtra, Mumbai. Are candidates legally eligible for leave while they are in the probation period? Please help me!!

Determine Applicable Legislation

First of all, let the forum know whether your company falls under the Factories Act or the Shops and Establishment Act.

The rules of leave depend on whether it is a factory or a commercial establishment.

Factory Leave Rules

In the case of a factory, every worker who has worked for more than 240 days in a year is entitled to fully paid privilege leave in the next year at the rate of 1 day for every 20 working days. The year is a calendar year and not a financial year. This facility is available to all persons, including probationers.

If any person has joined in the middle of a year, for example, on 1-8-2013, then he is also entitled to PL in the year 2014, calculated at the above rate, but the qualifying clause of 240 days is proportionately adjusted. This means the employee should have worked for more than two-thirds of the entire period. In the given example, it comes to 5 x 2/3 = 3 and 1/3 months.

Legal Provisions

To have a complete idea of legal provisions, it is recommended to read Chapter 8 containing Sections 78 to 84 of the Factories Act. Similar provisions are also included in the Maharashtra Shops and Establishments Act, in which annual leave is prescribed for 21 days.

Regards

My company falls under the Shops and Establishment Act. Please let me know the leave policy as per Maharashtra labor law.

Hello all, can anyone suggest which leave policy will be applicable for an IT software company located in Gujarat? Thank you for your valuable time and consideration.

Paid Leave and Casual Leave Guidelines

Generally, for office staff, Paid Leave (PL) is 30 days per year and can be accumulated up to 90 days. Apart from PL, casual leave (CL) of 10 days is also admissible, which normally is not carried over. Depending on the nature of work, rules are framed for PL.

Minimum how many days' leave at a stretch are required to be availed, and whether it can be clubbed with CL, etc. There cannot be any hard and fast rules, but just to administer the leave without affecting the work, certain guidelines can be framed.

Understanding Leave Policies for Employers

Every employer must grant leave according to the applicable act, such as the Shops and Establishments Act, the Factories Act, or any other act under which they are registered. First, check the registration and then review the relevant clauses. Every state has its own rules, so those rules should also be checked. In addition to the act or rules, employers can provide better facilities.

Regards,
S.C. Gupta

Thank you for your response. According to my knowledge, I have come across the rule of:

1. Casual Leave - 7 days
2. Sick Leave - 7 days
3. Privilege Leave - 21 days

According to the Shops and Establishments Act, Privilege Leave is applicable to employees from 1st January, and leave is calculated on a pro-rata basis. Correct me if I am wrong.

Regards,
Rupal

My company is under shop establishment, and we are labor contractors. We have 90% of employees in the probation period in Maharashtra. Please suggest how I can implement a leave policy in my organization.

Sick Leave Policy for ITES Sector in Maharashtra

I want to know about the Sick Leave policy for the ITES sector in Maharashtra along with the following:

1. Can an employee working for 12 years with an ITES company be terminated on the grounds of "Absenteeism from work" even after submitting the relevant medical documents?

2. What is the Distress leave/Accident leave/Temporary Disability leave period in the State of Maharashtra?

3. What can be done by an employee when his ITES company (Employer) has put an employee on "Leave without pay" from September 2015 and not given remuneration as per the Personal Accidental policy in which absenteeism from work is also covered for 100 weeks?

4. As mentioned in the above scenarios, can the employee claim the remuneration as per his CTC for the number of months he is not paid by his employer?

5. Can a termination be challenged in the Indian Labor court?

6. Can the employee avail the mediclaim benefits required for his treatment (as per the mediclaim policy of the ITES company) while the employee has challenged the termination?

7. Can an employee file a case of mental and physical harassment against the ITES company for sending termination threats in almost all communications by the ITES company management?

Regards,
Tango

Hi Team,

May I know how to calculate the PL for Maharashtra Leave for Shop and Establishment sector? It is 21 PL per year. If someone joined on January 1, 2016, how should we calculate it?

Dear Seniors,

I am working with a fabricating company in Mumbai and am seeking information regarding Leaves as per the Factories Act (for factory workers) and as per the Shop & Establishment Act (for Head Office employees).

Regards,

Vandana
vandanak97@gmail.com