How Should I Update Our Leave Policy to Comply with the 2023 Employee Act? Seeking Guidance

Respected Seniors,

My management wants me to change the leave policy of our company. They are currently providing 12 CL and 12 SL for confirmed employees, with some also benefiting from EL. Kindly inform me about the rules and regulations according to the Employee Act in 2023. If possible, please share the relevant threads and data to help me understand and benefit from these changes.

Regards,
Sidharth

Eligibility for Employee Leaves

Leaves to which the employees of an organization are eligible will depend upon the nature of the organization, such as a factory, plantation, mine, shops, and commercial establishments. Without knowing this information, we cannot comment on your query.

Your establishment is a commercial establishment, and the leave rules of your state, i.e., the UP Shops and Commercial Establishments Act/Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962, should be followed. Accordingly, an employee is entitled to 15 days of earned leave (EL), 12 days of sick leave (SL), and 10 days of casual leave (CL). You can change your leave policy only subject to section 10 of the said Act.

Dear Member,

Please note that according to section 10(2) of this Act, we are required to grant 15 days of sick leave. If you are only granting leaves as the bare minimum prescribed in the applicable Act, then there is no need to frame any leave policy. A policy is necessary to be formulated only when you are granting leaves over and above those prescribed by the applicable Act(s).

Regards, R N KHOLA