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Leave Policies and Legal Compliance
Subject to specific provisions governing leave under applicable laws such as the Factories Act, Mines Act, Shops & Commercial Establishments Act, Hospitals Act, Medical Rep. Act, Standing Orders, etc., modifications are necessary to align with such acts/rules/legislation.
Types of Leave Policies
Briefly, most employers have three facets of leave policies. Broadly, these are modeled on various government and quasi-government employers. Those who follow three to four types of leave in their establishment adhere to a cardinal principle: leave is not a right but a facility or a service benefit availed with sincerity, keeping in view the commitment to compelling work assignments.
1) Casual Leave (CL) - A salary-paid leave, generally credited in advance, averaging one day per month and 12 days a year. Employees joining midway or leaving are allowed proportionate leave days. This enables employees to take care of their immediate and emergent situations. CL can be availed for planned and unplanned requirements, such as managing a visit to a doctor, attending social functions, or making a short visit to nearby places. Sometimes, it can be availed without prior notice, but there should be an intimation to the employer before the shift/duty commences. Availing leave without intimation at the commencement is considered indiscipline.
2) Privilege/Earned Leave (EL/PL): Employees are entitled to this kind of leave in proportion to 'service rendered.' EL/PL can be availed in combination with or prefixed or suffixed with Sick, Medical, Accident, or Maternity leave. The quantum of leave days differs from sector to sector, categories to type of establishments, ranging from 20 days to 30 days depending on applicable laws.
3) Sick/Medical/Accident Leave: Similar to EL/PL, this type of leave is credited to employees' leave accounts based on 'service rendered.'
4) Maternity Leave: A statutory requirement made available to eligible female employees of all categories as per the Maternity Benefit Act.
There are also other categories in select establishments considered under special circumstances such as Extraordinary Leave, Study Leave, Paternity Leave, Leave without pay, etc.
Employers are mandated to maintain appropriate leave registers and records as per applicable provisions of law/rules/acts.