Considering Permanent Work from Home: Can We Adjust Our Leave Policy in Mumbai?

Hello everyone, we are in IT and BPO and based in Mumbai. Currently, we have 13 earned leaves and 8 casual leaves, totaling 21. We would like to move towards permanent work from home. Can we reduce the number of leaves now? If yes, what will be those numbers, or can I set any number at the employer's discretion? Please guide us.

Work From Home and Leave Policies Under Indian Law

There is no separate rule for work from home under Indian laws as yet. So, you will need to give the leaves as provided by the Mumbai Shop & Establishment Act (ensure you refer to the 2017 act, not the earlier ones). The leaves cannot be reduced just because you are working from home.

You may not need to follow the Industrial Employment Standing Orders Act because that requires 50+ employees in the same location.

Leaves/WFH

As long as the organization permits its employees to work from home, ethically, thinking of reducing leave is not appreciable. There is no such provision in either the Factories Act or the Model Industrial Employment Standing Order, Central Rules.

Even if the organization wants to introduce a reduction in leaves, the change of notice (9A) under the provisions of the ID Act will attract.

No, irrespective of the work location and whether it is remote or onsite work, the leave rules for Earned Leave, Sick Leave, and Maternity Leave would remain the same. At present, there are no different sets of legislations for those who work from home.