Leave Policy in India!!

Numbers of leaves entitlement in a company depends upon the state you are in. Every state has different leave entitlement and leaves policies which should be seen before one defines leave policy of your company. Leave policy of a company cannot be less than that mentioned by the State’s shop and establishment act.

Earned Leave

This is a paid leave earned by employees during a year and availed in the subsequent year. If the number of earned leave is over, the day is considered as an unpaid leave and the day’s pay is cut from the salary. These leaves can also be en-cashed while leaving the company. The following are the number of earned leaves according to laws:

• Factory workers need to work minimum 240 days in the organization in a year to be eligible for earned leave. Adults get 1 day for every 20 days, and children, below the age of 15, get 1 day for every 15 days work in the previous year.
• Mine workers below the ground can avail 1 day for every 15 days work, and those working above the ground can avail 1 day for every 20 days work.
• Workers in a Bidi or Cigar factory get 1 day leave for every 20 days work in the previous year. If the worker is a child of below age 15, he gets 1 day off for every 15 days of work.
• People working in sales, and newspaper running company (which includes journalists) can avail one month earned leave for every 11 months of work.
• Domestic workers are also eligible for 15 days earned leave in a year.

Casual Leave

This is another paid leave that although not earned, is entitled to employees only if prior permission is granted by the organization. If the employer does not grant permission and the employee nevertheless takes a leave, the day’s pay is cut from the salary. Usually every organization allows a certain number of casual leaves in a year, which is fixed by the company’s administration. Although, there is laws for certain types of workers:

• Sales and newspaper employees (including journalists) are entitled 15 days of casual leave in a year
• Apprentices are entitled annually 12 days casual leave

Sick/Medical Leave

Employers provide sick leaves to employees when they are ailing. Some organizations ask for a medical certificate to grant sick leave. Others don’t deem it necessary. If the employee has used up all his sick leaves, the company uses his earned leaves. Sick leaves can also be carried forward to the next year. The specifications are although determined by the company’s administration. Laws governing sick leaves for different types of employees are:

• Apprentices are entitled for 15 days of sick leave in a year. This can be accumulated to a maximum of 40 days.
• Journalists and Newspaper employees can avail medical leave of one month for every 18 months of work. During the medical leave, the employees are paid half the day’s pay.
• Sales employees are entitled to medical leave similar to that of newspaper employees. They although mandatorily need to show a medical certificate for their absence.

Maternity Leave

Maternity Benefits under Maternity Benefit Act

The key features and implications of the Maternity Benefits Act, 2017 are: 

1. Duration of Maternity Leave in India: The Act has increased the duration of paid maternity leaves to 26 weeks from the present 12 weeks. The extended period is applicable to women in case of the first and second child. Women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks i.e. 6 weeks pre-delivery and 6 weeks post-delivery.
2. For adoptive and commissioning mothers: The Act now extends to adoptive mothers as well. Every woman who has adopted a child will get 12 weeks of maternity leave from the date of adoption.
3. Work from Home: It also introduces the option of ‘work from home’ for mothers. After the expiry of the 26 weeks’ leave period, the woman can use this option to do her work from home. This option can be modified according to the nature of the work and terms and conditions levied by the employer. 
4. Crèches: The Act makes it compulsory for every establishment employing 50 or more women to have in-house creche facilities and allows women to visit the facility 4 times during the day. 
5. Awareness: The Act makes it compulsory for employers to aware women about the maternity benefits at the time of their appointment. 

Paternity Leave

Male employees who are soon to become fathers can avail up to 15 days of leave within 6 months of their wife’s date of delivery.

Apart from these, there are others paid, unpaid or half-paid leaves like Study Leave, Bereavement Leave and Leave for Voting. These although are left at the organization’s discretion.

Tags: #casualleave #earnedleave #leave #Leave policy #maternityleave #paternityleave #sickleave

source: https://www.rightsofemployees.com

Thanks and Regards,

Hiren Shah