Leave Policy for different sectors in India

What is the general leave policy in India? How many days Earned Leave (EL), Casual Leave (CL) and
Sic Leave is one entitled to per year? !hese "uestions are o#ten ased $y employees%worers woring in
any organisation or o##ice& Leave is di##erent #rom holidays and days'o##, since it aims to #ul#il di##erent
o$(ectives o# wor li#e sphere& However, there is always a con#usion how much leave can one avail, what
is one legally entitled to, the conse"uence o# the same on wages%salary etc&
Employment laws set the um$rella #ramewor #or deciding di##erent dimensions o# leave, lie category or
types, eligi$ility, duration etc& )any companies and organi*ations categorise leaves in di##erent categories
lie casual leave, sic leave, earned leave, maternity leave, special leaves, loss o# pay leave,
compensatory leave etc&
In case o# employment contacts, where trade unions are involved in deciding employment contacts, leave
rules are #ormulated in consultation with the unions& Such ela$orate consultation is speci#ied in !he
Industrial Employment Standing +rders ,ct which is #ormed #or en#orcement o# di##erent conditions o#
services&
In India, three types o# leaves are generally #ollowed namely earned leave, sic leave and casual leave&
-i##erent provisions e.ist under di##erent laws, #or di##erent categories o# leaves&
-etails o# each category are ela$orated hereunder& While the ,ct speci#ies the $road #ramewor, the
noti#ied rules under each legislation detail the implementation or applica$ility o# these leave policies&
/& EARNED LEAVE
0& CASUAL LEAVE
1& SICK LEAVE/MEDICAL LEAVE
2& MATERNIT LEAVE
3& PATERNAL LEAVE
4& NATI!NAL AND "ESTIVAL #!LIDAS
5& $UARANTINE LEAVE
6& E%TRA!RDINAR LEAVE
7& STUD LEAVE/SA&&ATICAL LEAVE
/8& LEAVE N!T DUE
//& LEAVE "!R 'ENERAL/&E ELECTI!N "!R PARLIAMENT AND STATE ASSEM&LIES
/0& INN!VATIVE LEAVE
EARNED LEAVE(
Earned leave is also nown as 9privileged leave:& ,s the name suggests, this leave is earned $y the
employees while they serve the organisation& !hese leaves are earned during the year and can $e
availed during the same su$se"uent year&
"actories Act) *+,- . Section /+
/

,s per the provisions o# ;actories ,ct, /726, any worer covered under the ,ct who has wored #or at
least 028 days in a calendar year $ecomes eligi$le #or earned leave which he can en(oy in the
su$se"uent year&
In case o# an adult, he%she $ecomes eligi$le #or a day leave #or every 08 days wored in previous
year&
In case o# child, (i&e& a person who has not completed his%her #i#teenth year o# age) they $ecome
entitled to one day leave #or every /3 days wored during previous year&
!hese earned leaves can $e carried #orward to an e.tent o# 18 days in case o# adult and not more than 28
days in case o# child&
Mines Act) *+01 . Section 01
0

Every person employed in a mine who has completed a calendar year<s service shall $e allowed during
the su$se"uent calendar year leave with wages&
In the case o# a person employed $elow ground, leave is calculated at the rate o# one day #or
every /3 days o# wor per#ormed $y him%her&
In other cases, leave is availa$le at the rate o# one day #or every 08 days o# wor per#ormed $y
him%her&
&idi and Ci2ar 3or4ers 5Conditions of E67loy6ent8 Act) *+99 . Section 19
1
,n adult worer $ecomes entitled to annual leave #or one day #or every 08 days o# wor
per#ormed $y him%her during the previous calendar year& ,dult worers can carry #orward these leaves to
the e.tent o# 18 days&
In case o# a young person he%she $ecomes entitled to annual leave with wages #or one day #or
every /3 days o# wor per#ormed $y him%her during the previous calendar year, and the same can $e
carried #orward to an e.tent o# 28 days&
Sales Pro6otion E67loyees 5Conditions of Service8 Act) *+/9 . Section ,
2

,s per the ,ct, employees covered under this ,ct $ecome eligi$le #or leave with #ull wages #or not less
than one month #or every // months spent on duty& !hese earned leaves can $e encashed on voluntary
relin"uishment or termination other than $y way o# punishment&
3or4in2 :o;rnalist and !t<er Ne=s7a7er E67loyee>s 5Conditions of Service8 and Miscellaneo;s
Provisions Act) *+00 . Section /
3
Employees under the ,ct $ecome eligi$le to earned leave with #ull wages #or not less than one month #or
every // months spent on duty& !hese leaves i# accumulated can $e carried #orward to ne.t year to an
e.tent o# 78 days&
Plantation La?o;r Act) *+0* . Section @A B @*
4
,n adult worer is entitled to one day o# paid leave #or every 08 days o# wor&
, child or adolescent worer is entitled to one day o# paid leave #or every /3 days wored& !hese
leaves can $e carried #orward to an e.tent o# 18 days.
Do6estic 3or4ers 5Re2istration Social Sec;rity and 3elfare8 Act) 1AA- . Section 11
5

, domestic worer living in the house is entitled to annual leave with wages #or at least /3 days during the
year&
CASUAL LEAVE(
Casual leave is generally understood as the leave that is not earned while on duty& =rior intimation is
needed to $e given to the employer i# an employee needs to avail casual leave& , leave can $e treated as
casual leave only i# it has $een sanctioned%granted $y the employer&
!he "uantum o# casual leave too, is lie sic leave and is #i.ed $y the company%organi*ation in
accordance with the State<s Shops and Esta$lishment ,ct or any other law applica$le to it, e.cept where
it has $een speci#ically provided $y law&
Sales Pro6otion E67loyees 5Conditions of Service8 Act) *+/9 . R;le *0
6
!his >ule entitles an employee under the ,ct to avail casual leave to the ma.imum o# /3 days in a
calendar year&
Woring ?ournalist and +ther @ews =aper Employee<s (Conditions o# Service) and )iscellaneous
=rovisions ,ct, /733
Section /
7
Ander the ,ct an employee is entitled to /3 days o# casual leave in a calendar year&
,pprentices ,ct, /74/B ,pprenticeship >ules, /770
R;le *@
7
!he ,ct entails an employee to avail a ma.imum o# /0 days o# casual leave in a year&
C E.cept #or the worers covered under the ,cts mentioned a$ove, casual leaves are availa$le as per the
company policy& ;or esta$lishments which are not covered under the ESI ,ct, the worers get sic leave
as per company policy or standing orders&
SICK LEAVE/ MEDICAL LEAVE(
Sic leave is the leave that an employee can avail in case o# sicness o# sel# or relative (as speci#ied
under law)& Sic leave provides pay to employees when they are out o# wor due to illness& )ost o# the
times the "uantum o# such leave is #i.ed $y the company%organi*ation in accordance with the State<s
Shops and Esta$lishment ,ct or any other law applica$le to it, $ut then some legislations do contain
speci#ic provisions in this respect&
//
Sic leaves accumulated in a year can $e carried #orward and availed
in the ne.t year& !he "uantum o# leaves that can $e carried #orward should commensurate to the one
provided under the applica$le law&
A77rentices Act) *+9* . Section *0 5R;le *@8
/0
,ny person appointed as an apprentice under the ,ct can avail medical leave #or a ma.imum period o# /3
days in a year and in case o# accumulated leave up to 28 days in a year&
Plantation La?o;r Act) *+0* . Section @1
/1

Employees covered under this ,ct are entitled to sic leave in accordance with the company policies&
Woring ?ournalist and +ther @ews =aper Employee<s (Conditions o# Service) and )iscellaneous
=rovisions ,ct, /733
Section / 5R;le 1-8
/2
!hese employees are eligi$le #or one month medical leave #or every /6 months o# service rendered at hal#
the wages&
Sales Pro6otion E67loyees 5Conditions of Service8 Act) *+/9 . Section ,
/3

,ny person covered under the ,ct can avail sic leave o# not less than one'eighteenth o# the service
period at hal# the wages& !his leave gets sanctioned only when medical certi#icate is presented&
E.cept #or the worers covered under the ,cts mentioned a$ove, casual leaves are availa$le as per the
company policy& @e.t, #or esta$lishments not covered under the ESI ,ct, then worers get sic leave as
per company policy or standing orders&
MATERNIT LEAVE
!he Central Dovernment passed the )aternity Eene#it ,ct in /74/ which e.tends to the whole o# India
and applies to every esta$lishment $elonging to the government and to every esta$lishment which may
$e industrial, commercial, agricultural or otherwise&
3or4in2 :o;rnalist and !t<er Ne=s Pa7er E67loyee>s 5Conditions of Service8 and Miscellaneo;s
Provisions Act) *+00 . R;le 1+
/4

, #emale employee who has completed one year o# continuous service is entitled to three months o#
maternity leave&
Maternity &enefit Act) *+9* . Section ,
/5

!he ,ct provides /0 wees as the ma.imum period #or which any woring woman shall $e entitled to
maternity $ene#it& She can avail this $ene#it as 4 wees upto and including the day o# her delivery and 4
wees immediately #ollowing the day o# her delivery&
Section +
/6

In case o# miscarriage or medical termination o# pregnancy, a #emale employee can avail ma.imum 4
wees leave with average pay #rom the date o# miscarriage or termination o# pregnancy&
Section *A
/7

,lso additional leave with pay #or upto / month can $e availed on production o# proo#, revealing illness
due to pregnancy, delivery, miscarriage, or premature $irth&
Section *@
08

Where a #emale employees needs to undergo tu$ectomy operation she can avail leave with wages at the
rate o# maternity $ene#it #or upto two wees immediately #ollowing the day o# her operation&
Plantation La?o;r Act) *+0* . Section @1
0/

;emale employees covered under the ,ct are eligi$le #or maternity leave in accordance with the )aternity
Eene#its ,ct, /74/&
"actories Act) *+,- . Section /+
00
!he ,ct maes provision #or maternity leave with wages #or e.pecting mothers #or a ma.imum period o#
/0 wees&
PARENTAL LEAVE "!R '!VERNMENT EMPL!EE>S
Maternity Leave
01
Central Dovernment employees (those directly under D+I) are governed $y the Central Civil Service
(Leave) >ules, /750& Ander the rules, #emale employees are entitled to maternity leave #or a period o#
/68 days #or their #irst two live $orn children&
C<ild Care Leave
02

, #emale Central Dovernment employee having minor children $elow the age o# /6 years can avail child
care leave #or a ma.imum period o# two years (i&e& 518 days)& !his can $e availed during their entire
service, #or taing care o# upto two children whether #or rearing or to loo a#ter any o# their needs lie
e.amination, sicness etc&
In totality, including the paid leave period, women employees can avail child care leave #or a period o#
three years& ,ll the $ene#its here will $e admissi$le only in respect o# their two eldest surviving children&
!he nature o# this leave has to $e the same as that o# earned leave&
Paternity Leave
03
!he Central Dovernment in /777 $y noti#ication under Central Civil Services (Leave) >ule 33/ (,) made
provisions #or paternity leave #or a male Central Dovernment employee (including an apprentice and
pro$ationer) with less than two surviving children #or a period o# /3 days to tae care o# his wi#e and new
$orn child& He can avail this leave /3 days $e#ore or within 4 months #rom the date o# delivery o# child& I#
such leave is not availed within the period, it shall $e treated as lapsed&
;or =aternity leave he shall $e paid leave salary e"ual to the pay last drawn immediately $e#ore
proceeding on leave&
;ollowing Central Dovernment<s move, many State governments have also implemented similar
provisions #or its employees&
C<ild Ado7tion Leave
04

,doptive mothers who are Central Dovernment employees $ecome eligi$le to /68 days o# maternity
leave $ut, this is applica$le only i# they have less than two surviving children at the time o# adoption and i#
she adopts a child who is $elow one year o# age&
,lso now male Central Dovernment employees too are eligi$le #or /3 days o# paternity leave on adopting
a child pursuant to same conditions as applica$le to #emale employees&
NATI!NAL AND "ESTIVAL #!LIDAS
1/
>epu$lic -ay (?anuary 04), Independence -ay (,ugust /3) and Dandhi ?ayanti (+cto$er 0) are the three
national holidays o$served in India& +n these days all institutions, irrespective o# under which law they are
covered, or whether they are pu$lic or private organi*ations or )@Cs should necessarily remain closed&
!he #estival holiday are decided $ased on the local #estival o# that locality and are granted to the
employee<s in accordance with the company policies&
T<e S<o7s And Esta?lis<6ents Act
!he ,ct applies to small esta$lishments not covered under any other ,ct, lie shops, #actories or other
esta$lishments employing less than /8 employees&
@o Central legislation e.ists on the su$(ect as they are su$(ect to State legislature& ,lmost all States have
#ramed their own laws on the su$(ect&
$UARANTINE LEAVE
!his leave is usually granted to a concerned employee $y reason o# presence o# an in#ectious disease in
the #amily or household o# the employee, i# such disease is considered to $e ha*ardous to the health o#
other people&
3or4in2 :o;rnalist and !t<er Ne=s Pa7er E67loyee>s 5Conditions of Service8 and Miscellaneo;s
Provisions Act) *+00 . R;le @A
06

)a.imum 18 days o# "uarantine leave can $e availed $y the employees covered under this ,ct&
Sales Pro6otion E67loyees 5Conditions of Service8 Act) *+/9 . R;le *9
07

,n employee covered under this ,ct can avail ma.imum 18 days o# "uarantine leave on
recommendations $y authori*ed )edical ,ttendant or =u$lic Health +##icer&
E%TRA!RDINAR LEAVE
Woring ?ournalist and +ther @ews =aper Employee<s (Conditions o# Service) and )iscellaneous
=rovisions ,ct, /733
R;le @*
18

E.traordinary leave without wages may $e granted to employees covered under this ,ct, $y the
newspaper esta$lishment in which he is employed&
Sales Pro6otion E67loyees 5Conditions of Service8 Act) *+/9
, sales promotion employee may $e granted e.traordinary leave without wages at the discretion o# the
employer in special circumstances&
A77rentices Act) *+9* . Section *0
1/

,n apprentice can avail e.traordinary leave upto a ma.imum period o# /8 days in a year&
STUD LEAVE/SA&&ATICAL LEAVE
Study leave%sa$$atical leave is granted to an employee to pursue higher studies with a guarantee to
resume them in (o$ on completion o# the leave& Such leaves are granted to an employee in accordance
with company policies and may $e paid or unpaid sa$$atical leave& !he sa$$atical leave would $e
e.clusively #or scienti#ic or academic wor at any relevant institution in India or a$road& !he #acility o#
sa$$atical leave may $e e.tended to include wor on other activities o# the innovation chain with industry,
consultancy organi*ations, #inancial institutions, pro(ect engineering #irms, technology mareting%trans#er
agencies, etc&
Woring ?ournalist and +ther @ews =aper Employee<s (Conditions o# Service) and )iscellaneous
=rovisions ,ct, /733
R;le @@
!he >ule provides #or grant o# study leave with or without wages at discretion o# the employer&
Sales =romotion Employees (Conditions o# Service) ,ct, /754
,ny employee covered under the ,ct may $e granted study leave with or without wages in accordance
with the company policies&
LEAVE N!T DUE
Where an employee has no leave to his credit and he%she still re"uires leave, such leave may $e granted
at the discretion o# the employer&
3or4in2 :o;rnalist and !t<er Ne=s Pa7er E67loyee>s 5Conditions of Service8 and Miscellaneo;s
Provisions Act) *+00 . R;le @1
11
, woring (ournalist who has no leave to his credit may $e granted leave at the discretion o# the
newspaper esta$lishment in which such woring (ournalist is employed&
Sales Pro6otion E67loyees 5Conditions of Service8 Act) *+/9
, sales promotion employee, who has no leave to his credit, may $e granted leave not due at the
discretion o# the employer&
LEAVE "!R 'ENERAL/&E ELECTI!N "!R PARLIAMENT AND STATE ASSEM&LIES
@,
-uring the general elections in the country or the state where the employee is residing he is eligi$le #or
leave on the polling day& ;or general elections o# Lo Sa$ha and Fidhan Sa$ha or any o# the $ye election
one day leave is $een declared to all employees #or the polling day& (Sec&1, o# Garnataa Industrial
Esta$lishments (@ational and ;estival Holidays) ,ct, /741)
13
Ander Industries ,ssociation ,ct, /741 Section 1 (,) also there is a provision #or such leave&
;or Central Dovernment employees provision #or such leave di##ers #or each election details o# which can
$e checed as under given ta$le
14
H
II. Bye-Elections - II. (a) Holiday/Closure of offices State Government normally
(i) Lok Sa!a
declares a local !oliday in t!at "articular area/constituency on t!e
"ollin# day (s) if t!e election is !eld on day (s) ot!er t!an
Sunday/or ot!er closed !olidays. Central Government offices
may also follo$ t!e State "ractice in suc! cases.
() Grant of S"ecial Casual Leave-
%ermissile on t!e same #rounds/circumstances as in t!e case of
#eneral elections &of I() aove.'
(ii) State (ssemlies
(a) Holiday/closure of offices- In ye-election to State
(ssemlies) Central Government offices s!ould not e closed. It
$ould e sufficient if only t!ose Central Government em"loyees
$!o may e "laced on election duty are "ermitted to asent
t!emselves from office on t!e "ollin# day (s). (ll ot!er
em"loyees s!ould e #iven facility to e*cise t!eir franc!ise eit!er
y $ay of comin# late to office or y ein# allo$ed to leave
office early or a s!ort asence on t!at day) su+ect to t!e
e*i#encies of t!e services.
() Grant of S"ecial Casual Leave- %ermissile on t!e
#rounds/circumstances as in t!e case of #eneral elections. (of I()
aove.)
III.%anc!ayat/Cor"oration.
/,unici"alities or ot!er- local
odies
III. -!e Central Government-offices s!all not e closed. -!e
Government em"loyees $!o are onfire voters and desire to
e*ercise t!eir franc!ise s!ould !o$ever) offered reasonale
facility) su+ect to t!e normal e*i#encies of service) eit!er y $ay
of comin# late to office or y ein# allo$ed to leave office early
or a s!ort asence on t!at day.
INN!VATIVE LEAVE
Human >esource department o# every company deals with employees and to maintain a healthy and
#riendly relation with them& !hey wor as a $ridge $etween employees and management& ,s the
competition in the la$our maret is high to #ind and retain silled employees H> department o# various
companies other than the legal leaves also are coming up with various innovative leaves& Some o# the
e.amples o# these leaves adopted $y di##erent companies to provide $ene#it to their employees are as
#ollowsH
&ereave6ent Leave
15

!his leave is a grant paid time o## #rom wor to employees #or the death o# a relative& Employees are
eligi$le #or up to 5 days leave, i# necessary, in the event o# the death o# an immediate #amily mem$er
(de#ined as parents, grandparents, si$lings, spouse, children and in'laws)& !his leave is generally
provided #or the demise o# close relative, and depends on the policies #ramed $y the organisation& !his
leave is not legally entitled $ut is an innovative approach o# H> policies in some o# the private #irms&
&irt<day Leave
16

In Eharti ,irtel company a hal# day leave is $een provided to the employee #or the cele$ration o# Eirthday&
E67loyee Vol;nteerin2 Leave
17

Employee volunteering leave is a leave $een granted to an employee to participate in volunteer #or a
charity& Eharti ,irtel Company provides one day paid leave to its employee #or volunteering wor&
References(
!he ;actories ,ct /726
!he )ines ,ct, /730
!he =lantation La$our ,ct, /73/