Understanding Casual Leave Rules: What Does "First Year of Service" Really Mean?

Dear Sir, Would anybody please help me in understanding the rule mentioned in "THE PUNJAB INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) RULES, 1966" which at one place says: "During the first year of service, a workman may be allowed not more than two days’ casual leave for every three months of service."

Now my query is: What is the meaning of the first year of service? Is it the year in which an employee joins? And what is the rule for taking CL in the next year? Please clear my doubt.

Regards,
Dinesh Kumar

According to this act, there are:

- 3 national holidays
- 5 festivals
- 7 days of casual leave and 7 days of sick leave.

You are right in pointing out that Rule 5 of the "THE PUNJAB INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) RULES, 1966" stipulates that "During the first year of service, a workman may be allowed not more than two days’ casual leave for every three months of service." This is a precautionary clause intended to grant casual leave to the employee on a proportionate basis so that one should not avail of the leaves more than his entitlement.

As regards your second query, you have rightly guessed that it is the year in which an employee joins. As you must be aware, just as you earn your salary once you complete a month, in a similar way, you earn your leaves. As soon as you complete one year of service with an employer, eight casual leaves are credited to your account, which you can avail of in a more relaxed way instead of on a proportionate basis as done during the first year of service.

I hope I am able to clear your doubt.

Regards,
BS Kalsi
Member since Aug 2011

Dear BS Kalsi ji, Thanks for replying. Now it is very much clear, but I have a small doubt in my mind. It will be great if you can clear it.

1. Suppose an employee joins in December 2013. Then how many CLs can he take in that year? As you said, the first year is the year in which an employee joins. But as the employee has not completed his first year, will he get 8 CLs in the month of January, or will he be entitled to a maximum of 2 CLs in a quarter?

2. During his first year, an employee is given leave on a pro-rata basis, and he can avail 2 CLs in a quarter. But in the second year of service, as he gets 8 CLs, can he take more than 2 CLs in a month or not?

Regards,
Dinesh Kumar

Section 4 of the "THE PUNJAB INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL AND SICK LEAVE) Act, 1965" provides that "Every worker shall in each CALENDAR YEAR, be allowed by the employer casual leave for seven days and sick leave for fourteen days" in such manner and on such conditions as may be prescribed.

As you have mentioned, suppose an employee joins in December 2013. In my opinion, he will not get any leave for the year 2013 and will continue to get the CL on a proportionate basis at the rate of not more than two days' casual leave for every three months of service during the year 2014. From the calendar year 2015, he will be eligible for seven days CL (not eight as I mentioned in my earlier mail) and can avail more than two days CL.

Regarding your second query, of course, an employee can take more than 2 CL in a month. Sub Rule (4) of Rule 5 is relevant in this connection, which stipulates that except for emergent reasons, casual leave shall not be asked or allowed for more than two days at a time.

Regards,
BS Kalsi
Member since Aug 2011