Provide Guidance For Leaves

Hi, I am working in a brooking firm in which we are giving the pl12 per year, cl6 per month and sl6 per month. cl & sl are not carry forwarded and 5pl is carried forwarded. So can is it the right policy to be adopted? Changes should be made?

Dear Jeno,
As per Section 35 of Bombay Shops & Establishment Act:
Every employee who has been employed for not less than three months in any year, shall for every 60 days on which he has worked during the year be allowed leave, consecutive or otherwise, for a period of not more than five days.
(b) every employee who has worked for not less than two hundred and forty days during a year [irrespective of the date of commencement of his service,] shall be allowed leave, consecutive or otherwise, for a period of not less than twenty-one days :
Provided that such leave may be accumulated upto a maximum period of forty-two days.
So, kindly prepare your leave policy accordingly.

Leave Policy differs from state to state as per Act, and from company to company. Beforehand please check whether you give 6 CL & SL per month or per year, it should be year, I suppose it is a typo error.
Would rather suggest to give a maximum limit of PL for carry forward instead on 5 PL every year. It is always advisable to refer the S&E Act of your State and discussion with the management about the Leaves before framing it into a policy.

The Bombay Shop & Establishment Act allows 21 days of leave for every full year of work (240 days or more).
There is no distinction in the act for PL, SL, CL. Since your employer allows more than 21 days, that is ok.
However, the act also provides for carry forward of unused leave of up to 42 days.
So therefore, that part of your rules may need to change.

Dear Friend,
While framing the Leave Policy, you have to consider local Shop & Establishment Act & Rules in case of an establishment.Similarly in case of Factory or Plant , it should be in accordance with Factories Act.
So, you should follow the leave rules as prescribed in the statute. If your Policy allows leave more than statute it is always acceptable. But under no circumstances, it can not be less than leave as permissible under the aforesaid Act & Rules. In other words leave Policy can not contrary to Act & Rules as applicable.
Regards,
Sibabrata Majumdar
Management Consultants - Legal & HR
Kolkata,
Mb:9830023706