Understanding Casual and Sick Leave: How to Calculate Eligibility for Less Than 20 Workdays?

Like EL, is there any specific calculation for CL and SL? If the employee works less than 20 days in a month (excluding week off and other eligible leave), is he eligible for 1 day of CL? How should it be calculated?

I know what you mean, but unfortunately, the rules as per the Shop and Establishment Act speak only about 1 paid leave for every 20 working days. The Act is silent on casual and sick leave.

The act does not specify leave for each month. It is computed at the end of the year and credited to be used in the next year. Therefore, it does not matter whether an employee works more or fewer days in a week or month. Total days worked count. Days worked include weekly offs, holidays, and official leave. Only leave without pay and service breaks are excluded. PL, SL, and CL are provided proportionally to the total days above.

You can calculate leaves after 43.57 days: CL 30.33 days, EL 31.78 days, ML.

Eligibility for Sunday Leave

In a week, if an employee works for 3 days, then he is not entitled to claim Sunday. Sunday eligibility requires 4 days of working.

As Saswata Banerjee mentioned, the Fact Act only specifies "Annual leave with wages" and does not cover CL & SL. Therefore, there is no specific calculation for SL & CL. The calculation of PL/EL entitlement is based on the total number of days worked by an associate in the preceding year.

Thus, the eligible PL/EL for the days worked by an associate in the financial year (01-Apr-14 to 31-Mar-15) will be available for use on 01-Apr-15.

I trust this clarifies your query.

Cheers,
AB

Yes, right as per the above feedback. For every 20 days, there is one leave, and a silent act for SL & CL, which depends on the company's manual policy. However, the leave period is based on the calendar year, not the financial year.

Thank you!

Shops and Commercial Establishment Act and SL Provision

The Shops and Commercial Establishment Act does provide for Sick Leave (SL) also—12 days, for example, under the Karnataka Shops and Commercial Establishment Act. Look into the Act as applicable in your state.

Calculation of CL and SL

Mekala S started the discussion: Like EL, is there any specific calculation for CL and SL? If the employee works less than 20 days in a month (excluding week off and other eligible leave), is he eligible for 1 day of CL? How should it be calculated?

Now, first of all, the reply should be simple, understandable, and to the point. As far as replies in the threads are concerned, someone suggests proportionate to the total days—days worked includes weekly offs, holidays, and official leaves. Someone suggests weekly offs at 4 days working. Someone suggests accounting year. Someone suggests the period as the financial year, etc.

The simple and to-the-point reply is—the calculation base for CL/SL is not at par with EL. The Act prescribes 7 days of leave per calendar year (14 half days leave per calendar year) in both the heads. Proportionate calculation is carried out when someone joins after the commencement of the calendar year. For example, if someone joins in May, the formula will be 7/12 × number of balance months of the calendar year.

While calculating EL, it is always the days actually worked divided by 20 and rounded off to the nearest. The eligibility criteria for EL is a minimum of 240 days working in a calendar year or 2/3rd working days in other cases.

These are the minimum specifications, and various norms/directions/rules so framed by the companies cannot supersede the Acts and Rules.

Regards,
P K Sharma

The question is valid, but all these depend upon the state's leave rules (CL & SL).