In India, employee leave entitlements and the governing laws are designed to ensure that employees have adequate rest and work-life balance. The concept of leaves in India is governed by various labor laws at both the central and state levels, covering different types of leave such as earned leave, casual leave, sick leave, maternity leave, and others. Here’s an overview of the primary types of leaves and the related acts and laws in India:
Description: Paid leave earned by employees based on their period of service.
Eligibility: Typically available to employees who have completed a certain period of continuous service.
Accrual: Varies by state and organization, generally around 15 to 30 days per year.
Laws Governing: Factories Act, 1948; Shops and Establishments Acts of various states.
Description: Leave granted for short-term absence due to unforeseen circumstances.
Eligibility: Granted based on organizational policy, usually around 7 to 12 days per year.
Laws Governing: Generally covered under Shops and Establishments Acts of various states.
Description: Leave granted for health-related issues or medical emergencies.
Eligibility: Typically available from the date of joining, around 7 to 12 days per year.
Laws Governing: Factories Act, 1948; Shops and Establishments Acts of various states.
Description: Leave granted to female employees for childbirth and postnatal care.
Eligibility: Available to women who have worked for at least 80 days in the 12 months preceding the date of expected delivery.
Duration: 26 weeks (for the first two children); 12 weeks (for the third child and subsequent children).
Laws Governing: Maternity Benefit Act, 1961.
Description: Leave granted to male employees for the birth of a child.
Eligibility and Duration: Varies by organization; typically ranges from 7 to 15 days.
Laws Governing: Not specifically covered under central labor laws; subject to organizational policy.
Description: Leave granted to employees for the death of a family member.
Eligibility and Duration: Varies by organization; usually 3 to 7 days.
Laws Governing: Not specifically covered under labor laws; subject to organizational policy.
Description: Unpaid leave granted when other leave balances are exhausted.
Eligibility and Duration: Varies by organization.
Laws Governing: Subject to organizational policy.
Description: Extended leave granted for educational or research purposes.
Eligibility and Duration: Varies by organization and usually granted to long-term employees.
Laws Governing: Subject to organizational policy.
Relevant Acts and Laws
Factories Act, 1948
Governs the working conditions and leaves for employees in factories.
Provisions include annual leave with wages, sick leave, and casual leave.
Shops and Establishments Act
State-specific acts that regulate conditions of work and leave entitlements for employees in shops, commercial establishments, residential hotels, restaurants, theaters, and other establishments.
Leave provisions typically include earned leave, casual leave, and sick leave.
Maternity Benefit Act, 1961
Provides maternity leave and benefits to female employees.
Entitles women to 26 weeks of paid leave for childbirth (for the first two children) and 12 weeks for subsequent children.
Employees’ State Insurance Act, 1948
Provides for sick leave benefits through the Employees’ State Insurance (ESI) scheme for employees covered under the Act.
Includes medical benefits and sick leave entitlements.
National and Festival Holidays Act
State-specific acts that govern the entitlement of holidays on national and festival days.
Generally mandates paid holidays on three national holidays (Republic Day, Independence Day, and Gandhi Jayanti) and a certain number of state-specific festival holidays.