Understanding Employee Leave Types: What Laws Govern CL, SL, and EL?

Greetings to all respected members. My query is: Where do the CL, SL & EL (types of leave) come from? Which act and what are the rules of leaves to give employees?

Hi, it depends on the industry.

Shops and Establishment Act

If the establishment is covered under the Shops and Establishment Act, then the employer needs to follow this Act for providing leaves.

Factories Act

If it is the manufacturing sector, then the employer needs to follow the Factories Act for providing leaves to employees.

So please go through the respective Act to gain more knowledge about statutory leaves.

As far as public service is concerned, the grant of EL and SL is governed by statutory provisions enacted under Article 309 of the Constitution or the Rules notified under the proviso to the said Article. There are hardly any such enactments; the prevailing norms are governed by Rules notified. These Rules are statutory.

In public service, CL is considered to be a duty period. As such, there are no statutory rules in vogue.

Relevant Acts and Rules for Leave Administration

Relevant applicable acts, rules, and standing orders are the enactments that provide for the administration of leave in workplaces, offices, industries, shops, etc. Many establishments are equipped with Standing Orders, where applicable, which also concurrently provide guidelines on how leave entitlements and availment should be administered.

With the advent of various Codes in India, many Acts such as the Factories Act, Mines Act, Inter-state Migrant Workers Act, and CLR Act are amalgamated into the "Code on Occupational Safety, Health & Working Conditions" and the "Industrial Relations Code," which should also be referred to. However, states' Shops & Establishments Acts remain applicable.