Earned Leave Eligibility: Does Working 237 Days a Year Qualify an Employee?

Hello seniors,

If an employee works for 237 or 238 days in a year, is he eligible for earned leave (EL)?

Section 79 of the Factories Act 1948 makes it mandatory for a service of 240 or more working days for entitlement to Annual Leave with Wages. However, this stringent criterion can be diluted depending on the company policy.

Dear Mugdha,

While agreeing with Mr. KK!HR, I have to state that the employer should always be at the giving end and be magnanimous in considering negligible points like a shortfall of one or two days in providing a benefit. I don't think it is very difficult to convince the management in these cases, which would be very few in a year.

If a workman actually worked for 237 working days and availed Sick Leave or Earned Leave during the calendar year for more than 3 days, he/she meets the criteria of working 240 days and thus is eligible for earned leave; otherwise, not. However, if the absenteeism is due to sickness, accident, or some unavoidable circumstances, management normally considers such cases on humanitarian grounds.

Suresh