(As applicable to Establishments in
Maharashtra, Karnataka, Gujrat, Andhra, Telangana,
Tamil Nadu, Haryana, Rajasthan, UP and Delhi)
Every establishment, be it industrial or commercial, has to allow various kinds of leaves to their employees, which broadly include Casual, Sick and Earned Leaves. However, these rules vary from one state to other and there are variations in leaves entitlement and eligibility. Additionally, women employees are also allowed maternity leaves, as per provisions of The Maternity Benefit Act, 1961. The various laws governing leaves & holidays for employees are listed below viz;
- The Shops & Commercial Establishments Acts of states
- The Factories Act, 1948
- National & Festival Holidays & Casual & Sick Leaves Act & Rules of States
- The Maternity Benefit Act, 1961
The Question of leav e eligibility and entitlement is mostly not known with reference to relevant lega l provisions enshrined under the above laws.
Present program intends to update the concerned stakeholders to be aware of the lega l provisions of eligibility, entitlement, sanctioning, carry forwarding, en-cashment of various kinds of leaves and powers of an employer to refuse leaves in an Industrial & Commercial Establishments and ensure comprehensive implementation to avoi d further hassles in lega l processes.
The program also provides lega l process for initiating disciplinary acti on against an employee, who remains absent unauthorisedly.
- Understanding the relevant legal provisions under various Acts and Rules governing various kinds of leaves and holidays entitled to an employee.
- Number of leaves entitled to an employee – Casual, Sick and Privilege Leaves
- Understand the detailed provisions for prefixed/ suffixed and intervening holidays and leaves.
- Understand provisions for clubbing of leaves, carry-forward, max accumulation and leav e encashment allowed under the Laws
- Understanding provisions for Maternity leaves under Maternity Benefit Act
- Disciplinary Acti on against unauthorisedly absent employee or unauthorisedly extending leaves
- Habitual Absenteeism – what constitute habitual and what are the consequences of habitual absenteeism.
- Compliance requirements of an employer under various labour and industrial laws in maintaining records, registers, notices and submitting returns.
- Key provisions of various Acts & Rules governing Leaves and Holidays in States.
- Types of Leaves entitled to an employee/ workman and Provisions for eligibility and claim.
- Rules for Leave Accounting – Max accumulation, carry forward, lapse and encashment of various kinds of leaves entitled to an employee.
- Right of an employee for Leave and powers of a Manager to approve/ dis-approve the leave applied by an employee.
- Staying beyond sanctioned leave and authority of employer for disciplinary action against an employee remaining unauthorisedly absent.
- Law and procedure for initiating disciplinary against an employee availing unauthorised leaves and termination of services.
- Benefits to be deducted on LWOP Leave without pay availed by an employee
- Provisions of Maternity Leaves to a female employee under relevant Laws
- Provisions for National & Festival Holidays to employees under relevant Laws.
- Compliances – Registers, Returns and Records to be maintain ed under various Rules for compliance provisions for Leaves and National & Festival Holidays.