Legal Implications of Leaves

Under factories act, there is only provision for Sick and Earned (Leave With Wages) Leave.

Casual Leave fall under Industrial establishment Act.

You are free to give any number of leaves but under factories act , leave with wages is restricted to One leave for every 20 days of working and further an individual is required to complete minimum 240 days for becoming entitled to the leave with wages. This leave is encashable and encashment is exempted from income tax upto an encashment of Rs.3 lacs. This exemption is applicable at the time of retirement or resignation. Many organisations give more than 15 days of leave to employees under this category and considers this with the employee cost to company.

As far availmentent is concerned , under factories act , this leave can be sanctioned for minimum of 3 days and maximum of 3 times in a leave year. Again many organisations sanction earned leave even for one day and on more thanoccassionsons.

Sick leave under the factories act , is applicable to all employee who fall sick during the leave year. There is no number specified for this . but many organisations provide 7, 10 or 15 days of sick leave during the year even if employee is covered with the employees sate insurance act and scheme. Under ESI scheme in case an employee falls sick due to any disease the doctor can sanction bed rest for any number of period , till the fitness of the employee. This is also termed as sick leave but may be with or without pay. If employee is covered under ESI scheme and rest has been recommended by ESI dispensary / hospital doctor. ESI authorities will pay compensation for this loss of salary / wages employeeyee. This is onapplicaleale if employer is not paying any benefits of compensation to the concerned employee.

Casual leave is again depends upon the policy of the company. generally 7 days of casual leave is being granted to every employee , in order to attend / discharge his social responsibilities.

Further in general in every industry combination of casual leave with other type of leaves is not permissible, I do not find any reason behind that. If restriction is the target or reduciabsenteeismesm is target , this theory was applicable when most of the work force wunorganizedsed. The scenario has changed now.

Leave without pay is also another type of leave , which is generally discouraged but in case of exigencies this is applicable and helps employers to restrict misuse of leaprivilegeage given by an employer.

Compensatory leave is another type of leave under Factories act. Under this employee is compensated with leave with wages for his absence from duty against the work performed by s/he on any other day when normal working was not there. Under factories act this leave can be availed by employee any time till his/ her retirement.

In nutshell it philospyspy of the company to provide leave benefits to its employees for keeping their morales high.