Navigating Employee Leave: How to Document Varied Leave Habits and Legal Compliance

Dear All, I want to know the law regarding leave provisions given to employees covered under ESI & PF. We provide 28 holidays per year - 7 SL, 7 CL, 14 EL, and so on. However, some employees take 2 holidays every month to avail of this benefit, and some additional employees (generally labor) take a 1-month holiday. I need to create some documents, so how should I show their leave process in the documents? One HR person suggested covering all 28 holidays first and then starting deductions, showing absences in the register. Can we give advance holidays, as one EL is given after every 20 days of working? Kindly provide a response ASAP.

First, divide all leave except EL, then update it on a monthly basis. Add 0.5 SL and 0.5 CL every month. If any balance is available, the employee can avail of it; otherwise, it will be treated as Leave Without Pay (LWP).

If anyone has a better idea, please discuss.

Puja,

Is your office a factory or establishment? The Factories Act and Shops Act stipulate a minimum quantum of leave. According to the Factories Act, one day of leave is to be given for every 20 days worked. Please check the provisions of the Jammu and Kashmir State Shops Act. Depending on the Shops Act provisions, you may be required to group all leave together as annual leave totaling 28 days.

Thank you.