Leave Rules

Leaves can be broadly divided based on its applicability to establishments covered under the Factories Act and the Shops and Establishments Act. Leave is calculated for the calendar year January to December.

LEAVE IN ESTABLISHMENTS COVERED UNDER THE FACTORIES ACT

Leaves as per Factories Act applies to all Management Staff, Executives, Supervisors, workers and contract workers as all of them fall under the definition of ‘worker’ under the Factories Act.

Kindly note that this table is as per Factories Act and the factories referring for applicability of the leave rules should refer to the concerned Factories Rules of the State.

Type of Leave Privileged / Earned Casual Sick Maternity
Quantum per year 1 day leave for every 20 days worked in the previous year (Eg. 300 days worked = 15 days leave) Nil Nil As per ESI Act OR Maternity Benefits Act
Entitlement On working 240 days in the first  previous year NA NA NA
Utilization To apply for leave 15 days prior. Leave not to be availed more than 3 times a year NA NA NA
Carry Forward Not more than 30 days NA NA NA

Other provisions

  1. If the Employee has quit or has been terminated, his earned leave balance should be paid to the employee and in case of death, to the nominee, within 2 days.
  2. Any worker who has applied for leave and has not been granted the same, such refused leave shall be carried forward without any limit.
  3. Leave can be calculated on Basic wages and DA.
  4. Leave book & Leave Register to be maintained for each worker.

Note: It is not necessary that the workers in the Factories be given only earned leave. Certain factories also design their only leave policies which also include Casual Leave and Sick Leave whereby extending better welfare facility to its employees.

LEAVE IN ESTABLISHMENTS COVERED UNDERTHE SHOPS AND ESTABLIHMENTS ACT

Shops and Establishments Act provides for provisions of leave for the employees. The said Act is framed by each State on its own and therefore would be different in its provisions. Therefore, a table has been designed to collate provisions of leave as applicable to each State separately.

ANDHRA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1988

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 15 days Not exceeding 12 days Not exceeding 12 days Wages for 6 weeks preceding delivery and 6 weeks after delivery of the period of leave
Entitlement On working 240 days in a year During 12 months of service and subsequent 12 months During 12 months of service and subsequent 12 months For every woman who has completed 6 months or more service
Accumulation 45 days in 3 years Not allowed Not allowed Not allowed

ASSAM SHOPS AND ESTABLISHMENTS ACT, 1971

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 16 days after 12 months continuous employment 12 days for 12 months service 12 days for 12 months service Provisions of Maternity Benefits Act, 1961 to apply
Entitlement On working 240 days in a year During 12 months of continuous employment During 12 months of continuous employment
Accumulation Maximum of 30 days Not allowed Not allowed

BIHAR SHOPS AND ESTABLISHMENTS ACT, 1953

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 1 day leave for every 20 days worked in the year 12 days 12 days Provisions of Maternity Benefits Act, 1961 to apply
Entitlement 6 days after working for 120 days in 4 months.

Entitlement is Minimum 80 days

During the year During the year
Accumulation Maximum of 45 days. If employee has 45 days of leave to his credit and is refused leave then such period of refused leave is to be encashed Not allowed Not allowed
Computation All holidays falling at the end of middle of the leave period shall not be computed.

BOMBAY SHOPS AND ESTABLISHMENTS ACT, 1948

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 21 days on working 240 days in a year Nil Nil Provisions of Maternity Benefits Act, 1961 to apply
Entitlement 5 days after 3 months on completion of 60 days working in that period Nil Nil
Accumulation 42 days Nil Nil
Computation Suffixed or prefixed holidays to the leave period shall not be accounted as leave. Holidays or Sundays falling between the period of leave shall be treated as leave

DELHI SHOPS AND ESTABLISHMENTS ACT, 1954

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 15 days 12 days casual-cum-sick leave No provisions
Entitlement 5 days after 3 months on completion of 60 days working in that period Not less than 1 day for every completed period of 1 month (casual-cum-sick leave)
Accumulation 45 days maximum of 3 years Not allowed Not allowed

J&K SHOPS AND ESTABLISHMENTS ACT, 1966

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 15 days 14 days every year Nil Provisions of Maternity Benefits Act, 1961 to apply
Entitlement On working 240 days in a year During the year Nil
Accumulation Maximum of 3 months Not allowed Nil
Computation Suffixed or prefixed holidays and Sundays to the leave period shall not be accounted as leave. Holidays or Sundays falling between the period of leave shall be treated as leave

KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1961

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 20 days (1 leave for every 20 days) on working 240 days in a year - 12 days on Medical grounds Provisions of Maternity Benefits Act, 1961 to apply
Entitlement On working 240 days in a year. On joining mid year, he will be entitled to 2/3rd of the remaining period during the year - -
Accumulation Maximum of 30 days Not allowed Not allowed

KERALA SHOPS AND ESTABLISHMENTS ACT, 1960

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 12 days after 12 months continuous service 12 days 12 days (plus sterilization operation – 6 days for men and 14 days for women) Provisions of Maternity Benefits Act, 1961 to apply
Entitlement All holidays and Sundays falling at the end or in between the period of leave shall not be counted as leave - -
Accumulation 24 days in 2 years Not allowed Not allowed

MADHYA PRADESH SHOPS AND ESTABLISHMENTS ACT, 1948

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 30 after 12 months continuous employment 14 days Nil Provisions of Maternity Benefits Act, 1961 to apply
Entitlement 5 days after 3months employment on completion of of 60 days working in that period During the year Nil
Accumulation 90 days in 3 years Not allowed Not allowed
Annexation No annexing of casual leave allowed with privileged leave. Suffixed or prefixed holidays and Sundays to the leave period shall not be accounted as leave. Holidays or Sundays falling between the period of leave shall be treated as leave

ORISSA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1956

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 20 days (1 leave for every 20 days) on working 240 days in a year - 15 days on medical grounds Every woman who has put in continuous employment of 6 months or more shall be entitled for 6 weeks of leave preceding delivery and 6 weeks after delivery
Entitlement On working 240 days in a year. On joining mid year, he will be entitled to 2/3rd of the remaining period during the year - -
Accumulation 30 days in case employee has 30 days privileged leave to his credit and if its refused then it can be allowed to be extended Not allowed Not allowed
Computation Holidays or Sundays suffixed or prefixed or falling in between the period of leave shall not be treated as leave

PUNJAB SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 1 leave for every 20 days worked 7 days 7 days Every woman who has put in continuous employment of 6 months or more shall be entitled for 6 weeks of leave preceding delivery and 6 weeks after delivery
Entitlement After 20 days of continuous employment During the year During the year
Accumulation 30 days Not allowed Not allowed
Annexation Suffixed or prefixed holidays and Sundays to the leave period shall not be accounted as leave. Holidays or Sundays falling between the period of leave shall be treated as leave

Haryana State to refer to Punjab Shops and Establishments Act.

RAJASTHAN SHOPS AND COMMERCIAL ESTABLISHMENTS ACT, 1958

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 1 days leave for every 120 days worked on working 240 days in a year. If employee has joined at some other time and has worked atleast 2/3rd of the year and then he too shall be eligible. - - Every woman who has put in continuous employment of 6 months or more shall be entitled for wages at 7/12 the rate of wages drawn for 6 weeks of leave preceding delivery and 6 weeks after delivery
Accumulation 30 days - -

TAMILNADU SHOPS AND ESTABLISHMENTS ACT, 1947

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 12 days 12 days 12 days Provisions of Maternity Benefits Act, 1961 to apply
Accumulation 24 days Not allowed Not allowed

U.P. SHOPS AND ESTABLISHMENTS ACT, 1962

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 15 days after every 12 months continuous employment 10 days 15 days Every woman who has put in continuous employment of 6 months or more shall be entitled for 6 weeks of leave preceding delivery and 6 weeks after delivery as per Maternity Benefit Act
Entitlement On completion of one year continuous service After 6 months of continuous service After 6 months of continuous service
Accumulation 45 days in 3 years. If employee has 45 days of leave to his credit and is refused leave then such period of refused leave is to be paid. Not allowed Not allowed

WEST BENGAL SHOPS AND ESTABLISHMENTS ACT, 1963

Type of Leave Privileged Leave/ Earned Leave Casual Leave Sick Leave Maternity Leave
Quantum per year 14 days for every completed year 10 days. It cannot be taken for more than 3 days at a stretch 14 days in very year on half pay. Every woman who has put in continuous employment of 6 months or more shall be entitled for 6 weeks of leave preceding delivery and 6 weeks after delivery
Entitlement On completion of one year continuous service During the year During the year
Accumulation 24 days in 2 years 56 days in 4 years 56 days in 4 years

63 Responses to “Leave Rules”

  1. Dear,

    I would like to know that in this as per the leaves only 21 days are allowed (minimum)?? Can we split into SL, CL and PL and can they be accumulated more than 42?? Also not related to leaves but I would like to ask on like we are registered in Mumbai so the rule for ESIC, PT, minimum wage to be followed of Maharashtra or else where the person is working..say in guj, chennai, rajasthan etc..

    Plz revert..

    Regards,
    Pramoad.

  2. I AM FROM A AUTOMOBILE DEALERSHIP IN DEHRADUN, I JUST WANTED TO KNOW THAT IS ITI APPRENTICE IS ALSO ENTITLED FOR LEAVE? IF YES THEN HOW MANY LEAVES THEY CAN AVAIL IN A CALENDER YEAR?

  3. Vijaykumar Shreedharan 29. Dec, 2013 at 3:18 pm

    Dear Sir,

    Instead of Privileged / Earned (i.e.1 day leave for every 20 days worked in the previous year (Eg. 300 days worked = 15 days leave), Request you to kindly confirm CL & SL is applicable & how much days applicable for an employee as per Factory Act.

    Regards
    Vijaykumar Shreedharan

  4. If. I am saturday & monday on leave than count sunday leave in harayana factory act

  5. goutam chatterjee 24. Feb, 2014 at 2:34 pm

    Pl. let me know whether Can we deduct wages (w.o. pay)of an employee though he is having leaves in his/her account?

  6. Dear Sir

    Sick leaves carried forward or not
    Earned leaves how many days encashment per year Pls clarify shops establishement and factories act

    Regards
    Lakshmi

  7. sir
    greetings of the day

    sir tell me the calculation of one EL.

  8. sir i want to know the leave calculation method so tell me in detail

  9. Dear Sir,

    Leave is not a matter of right and has to be authorised and therefore unauthorised leave will lead to loss of pay. Even in the event of having leave credit unauthorised absence can be deducted from wages.

  10. Dear Sir,

    sir i want to know the leave calculation method so tell me in detail

  11. Name (required) 05. Dec, 2014 at 12:21 pm

    Dear sir,
    I wanted to know that whether a employer can cancel his employees 10 casual leaves in a year after working for 7 yrs.
    Regards
    s.dey

  12. Dear Sir,

    Leave cannot be sought for as a matter of right. nevertheless, sufficient reason should be given in case of situations where leaves are not being provide and the employees is pressing for it.