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Types of leaves

Sick Leave/Medical Leave


Sick leave is the leave that an employee can avail when he is out of
work due to illness.

 Sick Leave can be taken for minimum 0.5 to maximum 7 days


(paid) .
 There are no sick leave carry-forwards or encashment. At the
end of calendar year any available sick leave will lapse
automatically.
 For all absences exceeding 2 or 3 days, depending on
company policy, usually medical certificate needs to be
enclosed.
 Sick Leave can be appended with Earned Leave.
 For new joinee & resigned employees one gets pro rated sick
leave.
Casual Leave
Casual Leave(CL) are granted for certain unforeseen situation or
were you are require to go for one or two days leaves to attend to
personal matters and not for vacation. In case of casual leave
normally company’s strict maximum to 3 days in a month. In such
cases the person has to take the permission in advance.

 Casual Leave can be taken for minimum 0.5 to maximum 3


days. In case of more than 3 days leave, it should be taken as
Earned/Privileged Leave. If taking 3 leaves together Need to
apply before.
 As per the rules under The Shops and Establishment Act, you
are entitled to 6 days of Casual Leave
 There are no casual leave carry-forwards. At the closing day of
year any unused Casual Leaves will lapse automatically.
 Casual leave is not encashable. At the end of the year unused
Casual Leaves lapse automatically.
 Can not be appended with Earned/Privileged Leave or Sick
Leave
 For new joinee or person who has resigned Casual leaves are
on Pro rata basis.If you have joined during the middle of the
year say Jul 1, your casual leave will half ( pro-rated) from the
date you start employment through December 31 of that
calendar year.
Earned Leave or Privilege leave
Privilege leave or Earned Leave is provided for planned long
leaves for the purpose of travel, vacation etc

 Earned Leave is calculated on a month on month basis for the


calendar year. Earned Leave is credited in the beginning of
Calender Year to every employee’s account, but the
entitlement will be proportional to the number of months
worked. For example Based on company policy, for every
month completed in the company 1.25 days will be credited to
the employee’s entitlement.
 If you have joined during the middle of the year, your earned
leave will be pro-rated from the date you start employment
through December 31 of that calendar year.
 For employees who resign, their leaves entitlement would be
calculated pro rata i.e. till their last day of work. Any excess
leave taken would be adjusted in Full & Final Settlement.
 If you are unable to use all of your accrued Earned Leave
during a calendar year, you may elect to carry forward any
accrued but unused Earned leave into the next calendar
year, subject to the maximum accrual level. Maximum
number of earned leaves is based on State your company is,
which typically is 30 working days but in some states can go
upto 45 or 60 days.
 Accumulated leaves can be encashed at time of working or
leaving the company based on company’s policy. The formula
used for calculation of Encashable Leaves is :Encashable
Amount = Monthly Gross / 22* Encashable Leave.
 Leave Encashment during service is fully taxable in all cases.
 Any payment by way of leave encashment received by Central
& State Govt. employees at the time of retirement in respect of
the period of earned leave at credit is fully exempt. In case of
other employees, the exemption is to be limited

What is difference between Earned Leave and Privileged


Leave : Although the nature and purpose of both Privilege
Leave(PL) and Earned Leaved(EL) are same, however, applicability
differs in terms of minimum allotment and act twhich covers them.

 Under Factories Act such leaves are called Earned Leave (EL)
and under Shops & Estb. Act the same are called Privilege
Leave (PL).
 Another difference is how many leaves are allotted under this
category. Under Factories Act, 1 EL for every 20 days of work
(18 per year)and on the other hand under S&E Act 5 PL for
every 4 months work (15 per year). .

Other leaves
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.

National Holidays and Festival Holidays


Republic Day (January 26), Independence Day (August 15) and
Gandhi Jayanti (October 2) are the three national holidays
observed in India. On these days all institutions, irrespective of
under which law they are covered, or whether they are public or
private organizations or MNCs should necessarily remain closed.

The festival holiday are decided based on the local festival of that
locality and are granted to the employees in accordance with the
company policies.

Maternity Leave
Maternity Leave is covered by Maternity Benefits Act, 1961

 Female employees are entitled to a maximum of 12 weeks (84


days) paid maternity leave. Six weeks leave has to be taken
after the actual date of delivery
 A woman worker is entitled to maternity benefit only if she has
worked at least 80 days in an establishment in the 12 months
prior to her expected date of delivery
 In case of miscarriage or medical termination of pregnancy, an
employee is entitled to six weeks of paid maternity leave.
 Employees are also entitled to one additional month of paid
leave in case of complications arising related to pregnancy,
delivery, premature birth, miscarriage, medical termination or a
tubectomy operation (two weeks in this case)
 No pregnant woman can, on a request made by her in this
behalf, be required by her employer to do any work (during 10
weeks before her expected delivery) which is of an arduous
nature or which involves long hours of standing, or which in
any way is likely to interfere with her pregnancy or the normal
development of the fetus, or is likely to cause her miscarriage
or otherwise to adversely affect her health.
Paternity leave
Paternity leave is paid or unpaid leave given to a male employee
when a child is born. While paternity leave is authorised for
government employees there is no law that instructs the private
sector to make it obligatory. Hence, paternity leave is open to
interpretation by individual companies. Thus, on the one hand you
have a Cisco Systems (India) which grants its employees 12 weeks
paternity leave and on the other, you have Infosys which offers 5
days of paid leave

Individual organisations decide whether or not they would like to


extend the facility of Paternity Leave. There is no legal requirement
in regards to granting Paternity Leave to anyone.

Leave without pay


If person does not have any unused leave and the situation
warrants him to take the leave, the leave is granted by the
Company as loss of pay or which may be adjusted against the
future leave or as a special case depending on management
discretion.

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Hope this gave you an overview of various leaves that one is


entitled in India. Why holidays in different places differ? Why all
companies do not give Paternity leave?Do you think men should
get Paternity Leave and if yes how many days?

Prorate means in proportion. So if one works half a year, one is


entitled to just half of leaves.

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