Thank you so much for your assistance in the past. I am seeking information on the yearly leave allocation, which I understand has been recently updated. Previously, the document indicated that employees were entitled to 21 earned leave days per year. However, I have heard that the new regulation allows for 15 days off per year (5 days for every 4 months).
Types of Leave
Could someone kindly provide me with a breakdown of the different types of leave that an employee is entitled to each year, such as Festival leave, Sick leave, Earned leave, and Casual leave, along with any supporting documentation that confirms this information? I appreciate any help you can offer.
From India, Pune
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Types of Leave
Could someone kindly provide me with a breakdown of the different types of leave that an employee is entitled to each year, such as Festival leave, Sick leave, Earned leave, and Casual leave, along with any supporting documentation that confirms this information? I appreciate any help you can offer.
From India, Pune
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Dear John, the applicability of leave for businesses like yours is provided for in the Maharashtra Shops & Commercial Establishments Act. Excerpts are as follows:
Leave with Pay and Payment of Wages
18. Leave.
(1) Every worker shall be allowed a weekly holiday with wages.
(2) Every worker shall be entitled to eight days of casual leave with wages in every calendar year, which shall be credited into the account of the worker on a quarterly basis but shall lapse if unavailed at the end of the year.
(3) Every worker who has worked for a period of two hundred and forty days or more in an establishment during a calendar year shall be allowed, during the subsequent calendar year, leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous calendar year.
(4) Subject to the provision of clause (3), every worker who has been employed for not less than three months in any year shall, for every sixty days on which he has worked during the year, be allowed leave, consecutive or otherwise, for a period of not more than five days.
(5) Every worker shall be permitted to accumulate earned leave up to a maximum of forty-five days.
(6) Where the employer refuses to sanction the leave under sub-section (3) which is due when applied fifteen days in advance, then the worker shall have a right to encash leave in excess of forty-five days: Provided that, if a worker is entitled to leave other than casual and festival leave under this section, is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment on account of retirement, resignation, death, or permanent disability, the employer shall pay him full wages for the period of leave due to him.
(7) A worker shall be entitled to eight paid festival holidays in a calendar year, namely, 26th January, 1st May, 15th August, and 2nd October, and four such other festival holidays as may be agreed to between the employer and the workers as per the nature of business, before the commencement of the year. For a holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays fall: Provided that the employer may require any worker to work in the establishment on all or any of these days, subject to the condition that for such work the worker shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.
(8) For the purpose of sub-section (3),
(a) any days of lay-off, by agreement or contract or as permissible under the model standing orders or standing order certified under the Industrial Employment (Standing Orders) Act, 1946;
(b) in the case of a woman worker, maternity leave as provided for in the Maternity Benefits Act, 1961;
(c) the leave earned in the year prior to that in which the leave is availed; or
(d) the worker has been absent due to temporary disablement caused by an accident arising out of and in the course of his employment,
shall be deemed to be days on which the worker has worked in any establishment for the purpose of computation of the period of two hundred and forty days or more, but shall not earn leave for these days.
(9) The leave admissible under this section shall be exclusive of all holidays, whether occurring during or at the end of the period of leave.
(10) Every worker shall be paid for the period of his leave earned under sub-sections (3) and (4) at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime.
I'm not sure whether any amendment is made to this Act. You may check this with relevant sources for ensuring proper administration of leave in your establishment.
From India, Bangalore
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1159Leave with Pay and Payment of Wages
18. Leave.
(1) Every worker shall be allowed a weekly holiday with wages.
(2) Every worker shall be entitled to eight days of casual leave with wages in every calendar year, which shall be credited into the account of the worker on a quarterly basis but shall lapse if unavailed at the end of the year.
(3) Every worker who has worked for a period of two hundred and forty days or more in an establishment during a calendar year shall be allowed, during the subsequent calendar year, leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous calendar year.
(4) Subject to the provision of clause (3), every worker who has been employed for not less than three months in any year shall, for every sixty days on which he has worked during the year, be allowed leave, consecutive or otherwise, for a period of not more than five days.
(5) Every worker shall be permitted to accumulate earned leave up to a maximum of forty-five days.
(6) Where the employer refuses to sanction the leave under sub-section (3) which is due when applied fifteen days in advance, then the worker shall have a right to encash leave in excess of forty-five days: Provided that, if a worker is entitled to leave other than casual and festival leave under this section, is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment on account of retirement, resignation, death, or permanent disability, the employer shall pay him full wages for the period of leave due to him.
(7) A worker shall be entitled to eight paid festival holidays in a calendar year, namely, 26th January, 1st May, 15th August, and 2nd October, and four such other festival holidays as may be agreed to between the employer and the workers as per the nature of business, before the commencement of the year. For a holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays fall: Provided that the employer may require any worker to work in the establishment on all or any of these days, subject to the condition that for such work the worker shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.
(8) For the purpose of sub-section (3),
(a) any days of lay-off, by agreement or contract or as permissible under the model standing orders or standing order certified under the Industrial Employment (Standing Orders) Act, 1946;
(b) in the case of a woman worker, maternity leave as provided for in the Maternity Benefits Act, 1961;
(c) the leave earned in the year prior to that in which the leave is availed; or
(d) the worker has been absent due to temporary disablement caused by an accident arising out of and in the course of his employment,
shall be deemed to be days on which the worker has worked in any establishment for the purpose of computation of the period of two hundred and forty days or more, but shall not earn leave for these days.
(9) The leave admissible under this section shall be exclusive of all holidays, whether occurring during or at the end of the period of leave.
(10) Every worker shall be paid for the period of his leave earned under sub-sections (3) and (4) at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime.
I'm not sure whether any amendment is made to this Act. You may check this with relevant sources for ensuring proper administration of leave in your establishment.
From India, Bangalore
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Also may use the gazette notification of this regulation attached for your ref.
From India, Bangalore
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From India, Bangalore
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