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
- 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.
- Any worker who has applied for leave and has not been granted the same, such refused leave shall be carried forward without any limit.
- Leave can be calculated on Basic wages and DA.
- 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 |
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.
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?
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
If. I am saturday & monday on leave than count sunday leave in harayana factory act
Pl. let me know whether Can we deduct wages (w.o. pay)of an employee though he is having leaves in his/her account?
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
sir
greetings of the day
sir tell me the calculation of one EL.
sir i want to know the leave calculation method so tell me in detail
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.
Dear Sir,
sir i want to know the leave calculation method so tell me in detail
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
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.
A worker tack casual leave on 1st june’15, 2nd June holiday ( saba Barat ) and 3rd June’15 he tack medical leave, can it possible? he fit for job on 4th June’15.
Otherwise,1st June’15 Casual leave is o.k, but 2nd & 3rd June he must continue medical leave. am i wrong or wright.
please help what is the law regarding this matter.
Hello!
Can u please guide me on the following”:
Am employee has been on probation. During this period he is not entitled to avail Earned Leave. He has resigned during his probation period.
Now can he claim for the earned leave in his F&F statement.
Pl. reply in accordance with the Factories act.
Regards
Ranjit
Dear Sir,
I want to know that if worker is on ESIC sick leave around 12 days and he has earned leave balance. Can he can apply Earned leave and take the benefit from ESIC and from company also?
Dear Sir,
Reference to earned /privilege leave calculation as per AP establishment act, the employee will have to work for 240 days and he is entitled for 1 EL for 20 working days. My question is if we have to calculate ELs for 1 year i.e 365 minus 52 Sundays -52 saturdays-9 National and Festival holidays – 240 /20 is 12 casual leaves .
Please help me we need to calculate this way or what is the exact calculation if possible with an example.