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An overview of Leave available to Workers under the various Act In India

S.Murugesan
Associate Professor
Madurai Institute of Social Sceinces,Madurai-2
murugesansuba@yahoo.com

The Factories Act 1948, The Tamil Nadu Catering Establishment Act 1958 , The Motor
Transport Workers Act 1961, The Beedi and Cigar workers conditions of employment Act
1966, The Plantation Labour Act 1961, provides the annual leave with wages to workers .
Under these Acts, every worker who has worked for a period of 240 days or more in a factory
during a year, shall be eligible for one day as annual leave with wages for every twenty days
of work performed by him during the previous calendar year. Incase of a child, one day for
every fifteen days of work performed by him. The eligible annual leave with wages shall be
credited into the account of worker at the beginning of the succeeding year. The Mines Act
provides one day annual leave with wages for every 16 days of work performed by him
below the ground.

The annual leave is otherwise called as Privilege leave in certain companies. The casual leave
and sick leave is fixed by the company and its depends on policy of the company. If the
establishments are not covered under the ESI Act, then the management provides sick leave
as per policy (or standing orders) framed by the company.

The companies can also provide one day as annual leave with wages for every less than 20
days of work based on their Leave polices.

An adult employee can carry forward unavailed leave up to 30 days under the Factories Act,
40 days for adults and 50 days for child under the TN Catering establishment Act , 30 days
under the Motor Transport Workers Act .

The Plantation Labour Act and The TN Shops and Establishment Act alone provides 14 days
and 12 days as a sick leave respectively. The TN Shops and Establishment Act also provide
12 days as casual leave.

The News Paper Working Journalists ( Condition of Service ) Act 1955 provides one month
as annual leave with ( full wages ) wages for every 11 month spent on duty and they can
carry forward upto 90 days . They are also eligible for one month medical leave ( half
wages ) for every 18 month of his service and 15 days as casual leave once in a year, 21-30
days as quarantine leave is also available to employees covered under this Act . Extraordinary
leave can also be granted without wages to employees covered under this Act. Study leave
can also be granted with or without wages.

An Apprentice shall be entitled to 12 days causal leave, 15 days as medical leave and
extraordinary leave of 10 days and to such holidays as are observed in the establishments in
which he is undergoing training.

National and Festival Holiday

The employees are also eligible for 4 days as paid national holidays and 5 days as paid
festival holidays under the National and Festival Holidays Act .The festival holiday shall be
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decided based on the local festival of that locality. The list of such holidays shall be displayed
on the notice board and will be circulated to all staff members.

Any change in the notified National and Festival holidays will be at the discretion of the
management & the same will be intimated to employees accordingly. National and Festival
holidays falling on Sundays will also be counted in the list of National and festival holidays.

Holidays are off-days granted by the employer to their workmen either voluntarily or
compulsorily under the force of law. On a holiday the entire business is closed and no one
works while in case of leave the entire business is running.

The holidays declared under the Negotiable Instruments Act are usually applicable to
Government departments more particularly to banks and they are not generally adopted by
factories and other establishments in the private and public sector. The factory legislations
also do not provide for the grant of festival holidays to industrial workers.
But the National and Festival Holidays Act provides such holidays

Generally, the occupiers of factories shall fix the number of such holidays in their standing
orders or service rules.
Maternity Leave

Every woman shall avail maternity leave for a period of 12 weeks of which not more than 6
weeks shall precede the date of her expected delivery. Under the ESI Act 1948, to avail
benefit the woman has to contribute not less than 70 days in two consecutive contribution
periods. As in the case of Maternity Benefit Act, the woman has to work not less than 80 days
in a year.

The women can avail maternity leave for miscarriage, medical termination of pregnancy,
tubectomy operation, and illness arising out of pregnancy. In case of miscarriage, a woman
shall be entitled to leave with wages for a period of 6 weeks immediately following the day
of her miscarriage. In case of medical termination of pregnancy, a workman shall be entitled
to leave with wages for a period 12 weeks. In case of Tubectomy operation, a woman shall be
entitled to leave with wages for a period of 2 weeks immediately following the day of her
tubectomy operation.

A woman suffering from illness arising out of pregnancy, delivery, premature birth of child
or miscarriage shall be entitled to leave with wages for a period of one month ( with half
pay ).

As per central govt circular of Last Month if any females is going to adopt the child less then age of 1
year she is entitled for maternity leave Maternity leave is generally not available to adoptive
mothers in India, even though an adoptive mother needs it just as much as a biological
mother. The central government recently passed an order reversing this situation in part,
thanks to Atmaja, an association of adoptive parents in Kolkata. Ranjita Biswas reports. And
in March 2006, the central government finally passed an order, "on having considered the
justification" by Atmaja, to extend to adoptive mothers the maternity leave of 135 days
available to biological mothers. So, now, "adoptive mothers with fewer than two surviving
children" are entitled to a 'Child Adoption Leave' (CAL) on adoption of a child "up to one
year of age". As per the order, CAL shall not be debited against the leave account. Atmaja
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had demanded CAL irrespective of the adopted child's age because older children often have
a tougher time adjusting to the new surroundings. However, the government did not concede
this point.

At Railways

Child Adoption Leave

An adoptive mother on the railways with less than two surviving children may be granted leave of 135
days as 'Child Adoption Leave' on adoption of a child upto one year of age, on the lines of maternity
leave admissible to natural mothers.

2. During the period of Child Adoption leave, she shall be paid leave salary equal to the pay
drawn immediately before proceeding on leave.

3. Child Adoption leave may be combined with leave of any other kind.

4. In continuation of 'Child Adoption leave', the adoptive mothers may also be granted, if
applied for, leave of the kind due and admissible (including Leave not due and Commuted
leave not exceeding 60 days without production of Medical certificate) for a period upto one
year reduced by the age of the adopted child on the date of legal adoption without taking into
account the period of child Adoption leave, subject to the following conditions:

(i) This facility will not be available to an adoptive mother already having two surviving
children at the time of adoption.

(ii) The maximum admissible period of one year leave of the kind due and admissible
(including Leave not due and Commuted leave upto 60 days without production of medical
certificate) will be reduced by the age of the child on the date of adoption without taking
into account Child Adoption leave as in the following illustrations;

- If the age of the adopted child is less than one month on the date of adoption leave
upto one year may be allowed,

- If the age of child is six months and above but less than seven months, leave
upto 6 months may be allowed.

- If the age of the child is 9 months and above but less than ten months, leave upto 3
months may be allowed.

5. Child Adoption leave shall not be debited against the leave account.

The employees shall be eligible for casual leave, sick leave medical leave as per company’s
standing order or policies of the company. All employees covered under the ESI Act shall
eligible for maternity leave, leave for MTP, leave for Tubectomy operation, leave for illness
arising out pregnancy and leave for Sickness. The establishment not covered under the ESI
shall be covered under Maternity benefit Act.

Procedure to avail leave

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A worker desirous of availing of the leave earned by him during the preceding year has to
make an application for such leave at least fifteen days before the date on which he wishes to
proceed on leave in writing to the manager. Such leave can be availed in minimum three
installments during the year. When annual leave is to be availed due to illness then even the
formalities for applying for leave in advance as are not necessary

Whether leave can be claimed as of right?

The term "leave" means permission obtained by an employee from his employer relieving
him from the duty to attend his work. Therefore leave should be taken in advance before an
employee intends to proceed on leave. In short, no workman can proceed on leave without
first applying for and obtaining it.

Even though an employee is entitled to and eligible for a certain period of leave, he cannot as
a matter of right demand that the same should be granted to him at a particular time when he
applies for the same or whenever he applies for the same. Various Courts are also endorsed
this point.

The reason is that at the particular time when he applies for leave the pressure of work or
exigencies of service maybe such that his services cannot he spared. But at the same time it
cannot also be denied that he has got a right to have his leave application considered and
disposed of properly, bona fide and in accordance with law.

All permanent employees of the company can encash their leave subject to certain terms and
conditions. Basic salary + HRA + special allowance and conveyance allowance shall be taken
into account while calculating leave encashment. Statutory deductions will be made before
effecting payment.

If an employee is discharges or dismissed from service or superannuated or quits employment

during the course of the year, he shall be entitled to leave with wages at the rate of one day
for every 20 days of work and also allowed to encash the un-availed leave if any standing to
their credit.. In calculating leave, any fraction of leave of half a day or more shall be treated a
one full day leave and any fraction of less than half a day shall be omitted. Management
reserves its right to adjust the un availed leave against notice period in case an employee
resigns at a very short notice.

Leave without pay or leave on loss of pay:

An employee may be granted leave without pay at the sole discretion of the Head of the plant
in consultation with the head of the department. For this period his (earned ) leave will not
accrue.

Leave During Probation period:

If any employee during his probation period exceeds his normal eligible leave due to any
reason, his probation period shall be extended accordingly.

Sabbatical Leave
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A period of paid leave granted to an employee to do higher studies or on vacation and be

guaranteed return to the job. Based on their company policies, Unpaid sabbatical leave also
granted to an employee.

Summary of leave at various Acts

Carry forward
Annual leave

Ext .leave

Quarantine leave
Maternity leave
Sick leave

Casual leave
with wages
Act

Adult – 30
One - 20
Factories Act Child- 40
one -15
15 12 10
Apprentice Act
Plantation Labour Act A- 1-20 30 14 12 weeks
Y-1-15 2/3
wage
TN Catering A-1-20 40
Establishment Y-1-15 50
Motor Transport A-1-20 30
Y-1-15 40
Beedi and cigar workers A-1-20 30
C-1-15 40
TN Shop & 12 24 12 12
Establsihment
Newspaper & Journalist 30 90 30 3months 15 Yes 21-30
no
Sales Promotion 30
employees ( Conditions
of Service ) Act