Struggling with Leave Carry Forward Limits in Bangalore? Seeking Advice on Legal Rights

Currently, I'm working in a private company in Bangalore. My employer is not allowing my earned leave to be carried forward for up to 45 days to the next year. As per my current company's leave policy, only 30 days can be carried forward to the next year (our company policy was updated in 2021), which goes against the Karnataka Shops and Commercial Establishments Act.

Leave Carry Forward Issue

Please advise me on what I should do to be able to carry forward my 45 days of leave. It is every employee's right to carry forward leave.

Relevant Legislation

As per The Karnataka Shops and Commercial Establishments Act 1961, with effect from 19/2/2021 (Link: https://dpal.karnataka.gov.in/storag...1962%20(E).pdf):

"Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed forty-five days."

Thank you in advance.

Yes, you can accumulate the leaves up to 45 days. Previously, it was 30 days, but it was amended in 2021 to extend it to 45 days. If any earned leave applied for is refused, that will also contribute to reaching the maximum limit of 45 days. You can request the leave accumulation.

Dear Goddess,

As per current law, your demand is within the framework of the law. The organization should revalidate leave rules. However, I recommend making a formal application. If there are no results, seek the intervention of the statutory authority to update and correct the organization's regulations on leave. This action will set the path in the right direction.

Ram K Navaratna
HR Resonance