Sec-79 of the Factories Act 1948 clearly mentioned that Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate one day for every twenty days of work performed by the worker during the previous calendar year.
To qualify 240 days the leave earned in the year prior to that in which the leave is enjoyed, For female worker maternity leave any days lay off.......... shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but the worker shall not earn leave for those days.
Only in case of joining or leaving in between the year, then two third of the calendar year will be considered as qualifying limit.
As mentioned in one of the above post that in a year one worker can work maximum 365 - 52 = 313 - say 12 (as paid holidays ) = 301 days. Therefore, the maximum leave earning will be 301 / 20 = 15 days is absolutely right.
S K Bandyopadhyay ( WB, Howrah)
CEO- USD HR Solutions
+91 98310 81531
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