clarification on leave rules.............
AO(Hazaribag)
jai fci
from any disease he must be take medical leave.
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YAGYA DUTT AIRI
--
FCI Jeypore
----- Original Message -----
From: "AO(Hazaribag)" <hazar...@nic.in>
Date: Thursday, July 21, 2011 9:39 am
Subject: clarification on leave rules.............
To: fciofficers...@googlegroups.com
--
rakesh sangha
From: YAGYA DUTT AIRI <kapur...@nic.in>
To: fciofficers...@googlegroups.com
Sent: Thursday, July 21, 2011 3:10 AM
Subject: Re: clarification on leave rules.............
General Manager (NEF)
Dinesh Tripathi
--
dolly devasia
However it is interesting to know what kind of leaves enjoyed by an employee in India. So I would like to share an article I read in" pay check .in" a web site useful to any one who wishes to learn about latest development labour issues
The article follows :-
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 Sick Leave is one entitled to per year? These
questions are often asked by employees/workers working in any organisation or
office. Leave is different from holidays and days-off, since it aims to fulfil
different objectives of work life sphere. However, there is always a confusion
how much leave can one avail, what is one legally entitled to, the consequence
of the same on wages/salary etc.
Employment laws set the umbrella framework for deciding different dimensions of
leave, like category or types, eligibility, duration etc. Many companies and
organizations categorise leaves in different categories like casual leave, sick
leave, earned leave, maternity leave, special leaves, loss of pay leave,
compensatory leave etc.
In case of employment contacts, where trade unions are involved in deciding
employment contacts, leave rules are formulated in consultation with the unions.
Such elaborate consultation is specified in The Industrial Employment Standing
Orders Act which is formed for enforcement of different conditions of services.
In India,
three types of leaves are generally followed namely earned leave, sick leave and
casual leave. Different provisions exist under different laws, for different
categories of leaves.
Details of each category are elaborated hereunder. While the Act specifies the
broad framework, the notified rules under each legislation detail the implementation
or applicability of these leave policies.
1. EARNED LEAVE
2. CASUAL LEAVE
3. SICK LEAVE/MEDICAL LEAVE
4. MATERNITY LEAVE
5. PATERNAL LEAVE
6. NATIONAL AND FESTIVAL HOLIDAYS
7. QUARANTINE LEAVE
8. EXTRAORDINARY LEAVE
9. STUDY LEAVE/SABBATICAL LEAVE
10. LEAVE NOT DUE
11. LEAVE
FOR GENERAL/BYE ELECTION FOR PARLIAMENT AND STATE ASSEMBLIES
12. INNOVATIVE LEAVE
EARNED LEAVE:
Earned leave is also known as “privileged leave”. As the name suggests, this
leave is earned by the employees while they serve the organisation. These
leaves are earned during the year and can be availed during the same subsequent
year.
Factories Act, 1948
Section 79
As per the provisions of Factories Act, 1948, any worker covered under the Act
who has worked for at least 240 days in a calendar year becomes eligible for
earned leave which he can enjoy in the subsequent year.
- In case of an adult, he/she becomes eligible for a day leave for every 20
days worked in previous year.
- In case of child, (i.e. a person who has not completed his/her fifteenth year
of age) they become entitled to one day leave for every 15 days worked during
previous year.
These earned leaves can be carried forward to an extent of 30 days in case of
adult and not more than 40 days in case of child.
Mines Act, 1952
Section 52
Every person employed in a mine who has completed a calendar year’s service
shall be allowed during the subsequent calendar year leave with wages.
- In the case of a person employed below ground, leave is calculated at the
rate of one day for every 15 days of work performed by him/her.
- In other cases, leave is available at the rate of one day for every 20 days
of work performed by him/her.
Bidi and Cigar Workers (Conditions of Employment) Act, 1966
Section 26
- An adult worker becomes entitled to annual leave for one day for every 20
days of work performed by him/her during the previous calendar year. Adult
workers can carry forward these leaves to the extent of 30 days.
- In case of a young person he/she becomes entitled to annual leave with wages
for one day for every 15 days of work performed by him/her during the previous
calendar year, and the same can be carried forward to an extent of 40 days.
Sales Promotion Employees (Conditions of Service) Act, 1976
Section 4
As per the Act, employees covered under this Act become eligible for leave with
full wages for not less than one month for every 11 months spent on duty. These
earned leaves can be encashed on voluntary relinquishment or termination other
than by way of punishment.
Working Journalist and Other Newspaper Employee’s (Conditions of
Service) and Miscellaneous Provisions Act, 1955
Section 7
Employees under the Act become eligible to earned leave with full wages for not
less than one month for every 11 months spent on duty. These leaves if
accumulated can be carried forward to next year to an extent of 90 days.
Plantation Labour Act, 1951
Section 30 & 31
- An adult worker is entitled to one day of paid leave for every 20 days of
work.
- A child or adolescent worker is entitled to one day of paid leave for every
15 days worked. These leaves can be carried forward to an extent of 30 days.
Domestic Workers (Registration Social Security and Welfare) Act, 2008
Section 22
A domestic worker living in the house is entitled to annual leave with wages
for at least 15 days during the year.
CASUAL LEAVE:Casual leave is generally understood as the leave that is not earned while on
duty. Prior intimation is needed to be given to the employer if an employee needs
to avail casual leave. A leave can be treated as casual leave only if it has
been sanctioned/granted by the employer.
The quantum of casual leave too, is like sick leave and is fixed by the
company/organization in accordance with the State’s Shops and Establishment Act
or any other law applicable to it, except where it has been specifically
provided by law.
Sales Promotion Employees (Conditions of Service) Act, 1976
Rule 15
This Rule entitles an employee under the Act to avail casual leave to the
maximum of 15 days in a calendar year.
Working Journalist and Other News Paper Employee’s (Conditions of Service) and
Miscellaneous Provisions Act, 1955
Section 7
Under the Act an employee is entitled to 15 days of casual leave in a calendar
year.
Apprentices Act, 1961& Apprenticeship Rules, 1992
Rule 13
The Act entails an employee to avail a maximum of 12 days of casual leave in a
year.
* Except for the workers covered under the Acts mentioned above, casual leaves
are available as per the company policy. For establishments which are not
covered under the ESI Act, the workers get sick leave as per company policy or
standing orders.
SICK LEAVE/ MEDICAL LEAVE:
Sick leave is the leave that an employee can avail in case of sickness of self
or relative (as specified under law). Sick leave provides pay to employees when
they are out of work due to illness. Most of the times the quantum of such
leave is fixed by the company/organization in accordance with the State’s Shops
and Establishment Act or any other law applicable to it, but then some
legislations do contain specific provisions in this respect.11Sick
leaves accumulated in a year can be carried forward and availed in the next
year. The quantum of leaves that can be carried forward should commensurate to
the one provided under the applicable law.
Apprentices Act, 1961
Section 15 (Rule 13)
Any person appointed as an apprentice under the Act can avail medical leave for
a maximum period of 15 days in a year and in case of accumulated leave up to 40
days in a year.
Plantation Labour Act, 1951
Section 32
Employees covered under this Act are entitled to sick leave in accordance with
the company policies.
Working Journalist and Other News Paper Employee’s (Conditions of Service) and
Miscellaneous Provisions Act, 1955
Section 7 (Rule 28)
These employees are eligible for one month medical leave for every 18 months of
service rendered at half the wages.
Sales Promotion Employees (Conditions of Service) Act, 1976
Section 4
Any person covered under the Act can avail sick leave of not less than
one-eighteenth of the service period at half the wages. This leave gets
sanctioned only when medical certificate is presented.
Except for the workers covered under the Acts mentioned above, casual leaves
are available as per the company policy. Next, for establishments not covered
under the ESI Act, then workers get sick leave as per company policy or
standing orders.
MATERNITY LEAVE
The Central Government passed the Maternity Benefit Act in 1961 which extends
to the whole of India
and applies to every establishment belonging to the government and to every
establishment which may be industrial, commercial, agricultural or otherwise.
Working Journalist and Other News Paper Employee’s (Conditions of
Service) and Miscellaneous Provisions Act, 1955
Rule 29
A female employee who has completed one year of continuous service is entitled
to three months of maternity leave.
Maternity Benefit Act, 1961
Section 4
The Act provides 12 weeks as the maximum period for which any working woman
shall be entitled to maternity benefit. She can avail this benefit as 6 weeks
upto and including the day of her delivery and 6 weeks immediately following
the day of her delivery.
Section 9
In case of miscarriage or medical termination of pregnancy, a female employee
can avail maximum 6 weeks leave with average pay from the date of miscarriage
or termination of pregnancy.
Section 10
Also additional leave with pay for upto 1 month can be availed on production of
proof, revealing illness due to pregnancy, delivery, miscarriage, or premature
birth.
Section 13
Where a female employees needs to undergo tubectomy operation she can avail
leave with wages at the rate of maternity benefit for upto two weeks
immediately following the day of her operation.
Plantation Labour Act, 1951
Section 32
Female employees covered under the Act are eligible for maternity leave in
accordance with the Maternity Benefits Act, 1961.
Factories Act, 1948 Section 79
The Act makes provision for maternity leave with wages for expecting mothers
for a maximum period of 12 weeks.
PARENTAL LEAVE FOR GOVERNMENT EMPLOYEE’S
Maternity Leave
Central Government employees (those directly under GOI) are governed by the
Central Civil Service (Leave) Rules, 1972. Under the rules, female employees
are entitled to maternity leave for a period of 180 days for their first two
live born children.
Child Care Leave
A female Central Government employee having minor children below the age of 18
years can avail child care leave for a maximum period of two years (i.e. 730
days). This can be availed during their entire service, for taking care of upto
two children whether for rearing or to look after any of their needs like
examination, sickness etc.
In totality, including the paid leave period, women employees can avail child
care leave for a period of three years. All the benefits here will be
admissible only in respect of their two eldest surviving children.
The nature of this leave has to be the same as that of earned leave.
Paternity Leave
The Central Government in 1999 by notification under Central Civil Services
(Leave) Rule 551 (A) made provisions for paternity leave for a male Central
Government employee (including an apprentice and probationer) with less than
two surviving children for a period of 15 days to take care of his wife and new
born child. He can avail this leave 15 days before or within 6 months from the
date of delivery of child. If such leave is not availed within the period, it
shall be treated as lapsed.
For Paternity leave he shall be paid leave salary equal to the pay last drawn
immediately before proceeding on leave.
Following Central Government’s move, many State governments have also
implemented similar provisions for its employees.
Child Adoption Leave
Adoptive mothers who are Central Government employees become eligible to 180
days of maternity leave but, this is applicable only if they have less than two
surviving children at the time of adoption and if she adopts a child who is
below one year of age.
Also now male Central Government employees too are eligible for 15 days of
paternity leave on adopting a child pursuant to same conditions as applicable
to female employees.
NATIONAL 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 employee’s in accordance with the company policies.
The Shops And Establishments Act
The Act applies to small establishments not covered under any other Act, like
shops, factories or other establishments employing less than 10 employees.
No Central legislation exists on the subject as they are subject to State
legislature. Almost all States have framed their own laws on the subject.
QUARANTINE LEAVE
This leave is usually granted to a concerned employee by reason of presence of
an infectious disease in the family or household of the employee, if such
disease is considered to be hazardous to the health of other people.
Working Journalist and Other News Paper Employee’s (Conditions of
Service) and Miscellaneous Provisions Act, 1955
Rule 30
Maximum 30 days of quarantine leave can be availed by the employees covered
under this Act.
Sales Promotion Employees (Conditions of Service) Act, 1976
Rule 16
An employee covered under this Act can avail maximum 30 days of quarantine
leave on recommendations by authorized Medical Attendant or Public Health
Officer.
EXTRAORDINARY LEAVE
Working Journalist and Other News Paper Employee’s (Conditions of Service) and
Miscellaneous Provisions Act, 1955
Rule 31
Extraordinary leave without wages may be granted to employees covered under
this Act, by the newspaper establishment in which he is employed.
Sales Promotion Employees (Conditions of Service) Act, 1976
A sales promotion employee may be granted extraordinary leave without wages at
the discretion of the employer in special circumstances.
Apprentices Act, 1961
Section 15
An apprentice can avail extraordinary leave upto a maximum period of 10 days in
a year.
STUDY LEAVE/SABBATICAL LEAVE
Study leave/sabbatical leave is granted to an employee to pursue higher studies
with a guarantee to resume them in job on completion of the leave. Such leaves
are granted to an employee in accordance with company policies and may be paid
or unpaid sabbatical leave. The sabbatical leave would be exclusively for
scientific or academic work at any relevant institution in India or
abroad. The facility of sabbatical leave may be extended to include work on
other activities of the innovation chain with industry, consultancy
organizations, financial institutions, project engineering firms, technology
marketing/transfer agencies, etc.
Working Journalist and Other News Paper Employee’s (Conditions of Service) and
Miscellaneous Provisions Act, 1955
Rule 33
The Rule provides for grant of study leave with or without wages at discretion
of the employer.
Sales Promotion Employees (Conditions of Service) Act, 1976
Any employee covered under the Act may be granted study leave with or without
wages in accordance with the company policies.
LEAVE NOT DUE
Where an employee has no leave to his credit and he/she still requires leave,
such leave may be granted at the discretion of the employer.
Working Journalist and Other News Paper Employee’s (Conditions of
Service) and Miscellaneous Provisions Act, 1955
Rule 32
A working journalist who has no leave to his credit may be granted leave at the
discretion of the newspaper establishment in which such working journalist is
employed.
Sales Promotion Employees (Conditions of Service) Act, 1976
A sales promotion employee, who has no leave to his credit, may be granted
leave not due at the discretion of the employer.
LEAVE FOR GENERAL/BYE ELECTION FOR PARLIAMENT AND STATE ASSEMBLIES
During the general elections in the country or the state where the employee is
residing he is eligible for leave on the polling day. For general elections of
Lok Sabha and Vidhan Sabha or any of the bye election one day leave is been
declared to all employees for the polling day. (Sec.3A of Karnataka Industrial
Establishments (National and Festival Holidays) Act, 1963)
Under Industries Association Act, 1963 Section 3 (A) also there is a provision
for such leave.
For Central Government employees provision for such leave differs for each
election details of which can be checked as under given table
|
II. Bye-Elections - |
II. (a) Holiday/Closure of offices State Government
normally declares a local holiday in that particular area/constituency on the
polling day (s) if the election is held on day (s) other than Sunday/or other
closed holidays. Central Government offices may also follow the State
practice in such cases. |
|
(ii) State Assemblies |
(a) Holiday/closure of offices- In bye-election to State
Assemblies, Central Government offices should not be closed. It would be
sufficient if only those Central Government employees who may be placed on
election duty are permitted to absent themselves from office on the polling
day (s). All other employees should be given facility to excise their
franchise either by way of coming late to office or by being allowed to leave
office early or a short absence on that day, subject to the exigencies of the
services. |
|
III.Panchayat/Corporation. /Municipalities or other- local bodies |
III. The Central Government-offices shall not be closed. The Government employees who are bonfire voters and desire to exercise their franchise should however, offered reasonable facility, subject to the normal exigencies of service, either by way of coming late to office or by being allowed to leave office early or a short absence on that day. |
INNOVATIVE LEAVE
Human Resource department of every company deals with employees and to maintain
a healthy and friendly relation with them. They work as a bridge between
employees and management. As the competition in the labour market is high to
find and retain skilled employees HR department of various companies other than
the legal leaves also are coming up with various innovative leaves. Some of the
examples of these leaves adopted by different companies to provide benefit to
their employees are as follows:
Bereavement Leave
This leave is a grant paid time off from work to employees for the death of a
relative. Employees are eligible for up to 7 days leave, if necessary, in the
event of the death of an immediate family member (defined as parents,
grandparents, siblings, spouse, children and in-laws). This leave is generally
provided for the demise of close relative, and depends on the policies framed
by the organisation. This leave is not legally entitled but is an innovative
approach of HR policies in some of the private firms.
Birthday Leave
In Bharti Airtel company a half day leave is been provided to the employee for
the celebration of Birthday.
Employee Volunteering Leave
Employee volunteering leave is a leave been granted to an employee to
participate in volunteer for a charity. Bharti Airtel Company provides one day
paid leave to its employee for volunteering work.
Dolly
AO(Hazaribag)
----- Original Message -----
From: dolly devasia <dol...@gmail.com>
Date: Saturday, July 23, 2011 10:42 am
Subject: Re: clarification on leave rules.............
To: fciofficers...@googlegroups.com
agartne.fci
Respected Mam / Sir,
----- Original Message -----
From: jai fci <jai....@gmail.com>
Date: Friday, July 22, 2011 1:13 pm
Subject: Re: clarification on leave rules.............
To: fciofficers...@googlegroups.com
> group, send email to
> fciofficersassoci...@googlegroups.com.For more
FCI DO NAGPUR
----- Original Message -----
From: dolly devasia <dol...@gmail.com>
Date: Saturday, July 23, 2011 10:42 am
AO(Hazaribag)
Regards
S.R.Nayak
FCI,DO,DHANBAD