Leave Policies in India – Types

Numbers of leaves entitlement in a company depends upon state you are in. Every state has different leave entitlement and leave 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.

1. 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 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.

2. 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

3. 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 in 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.

4. Maternity Leave

Female employees, as per law, are entitled to 3 months or 12 weeks of leave when she is pregnant. During this time, employers will have to pay their female employees normally.

Maternity benefit (amendment) Act-2017 :

The benefits under the Maternity Benefit Act are available to all female employees, who are not covered under the Employees’ State Insurance Act and have worked for a continuous period of 80 days in twelve months immediately preceding the date of her expected delivery.

Maternity benefits act 2017 – This amendment has increased the duration of maternity leave available for women employees from the existing 12 weeks to 26 weeks.

Rs. 3,500 per maternity Current provision of maternity bonus.

A woman shall, on production of such proof as be entitled to leave with wages at the rate of maternity benefit, for a period of six weeks immediately following the day of her miscarriage. Women employee should be permitted to visit the crèche 4 times during the day, which includes the regular rest interval .

Penalties for contravention of the act by Employers; Imprisonment which shall not be less than three month, which may extend up to one year and with fine not less than two thousand rupees,  which may extend up to five thousand rupees.

Credits: Byju’s

5. Paternity Leave

Paternity Leave in India – Overview
  • In 1961, the Government of India made provisions for working pregnant women known as the Maternity Benefits Act. Women under this Act are entitled to various benefits, facilities, and incentives.

Male employees who are soon to become fathers can avail upto 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.

  • But no provision has been laid down in legislation for paternity benefits. But the necessity of laying down of provision for paternity leave to maintain a healthy family was seen.
  • Thus in 1999, the Central Government of India made provision of paternity leave for Central Government employee under Central Civil Services (Leave) Rule 551 (A). 
  • It provides 15 days of leave as paternity leave. It is to be provided to employees who have less than two surviving children. This leave can be availed for 15 days either before or within 6 months from the date of delivery of the child.
  • In September 2017, pursuant to the enactment of Maternity Benefit (Amendment) Act, 2017, the Paternity Benefit Bill, 2018 (“PB Bill”) was proposed in the Lok Sabha by Maharashtra MP, Rajeev Satav.
  • The PB Bill mandated that paternity leave of fifteen days (extendable up to three months) be granted to new fathers. The idea behind the PB Bill is to recognize that the role of a father as a contributor to child-rearing is of paramount importance, and to give new fathers the opportunity to bond with their children without compromising on their need to provide for their family. 
  • In India, all the proceeding regarding the sanctions of paternity leave is to be held before the Metropolitan Magistrate or a Magistrate of the first class. They have jurisdiction to try any offence under this Act. But courts lower to them do not have jurisdiction to proceed with the trial.

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