As applicable to Establishments in Maharashtra, Karnataka, Gujrat, Andhra, Telangana, Tamil Nadu, Haryana, Rajasthan, UP and Delhi

Every industrial or commercial establishment is required to provide different types of leave to their employees, typically including Casual Leave, Sick Leave, and Earned Leave. However, the regulations governing these leaves differ from state to state, resulting in variations in leave entitlements and eligibility criteria. Moreover, female employees are entitled to maternity leave under the provisions of The Maternity Benefit Act, 1961. Below is a list of the various laws that govern employee leave and holidays.

1. The Shops & Commercial Establishments Acts of states
2. The Factories Act, 1948
3. National & Festival Holidays & Casual & Sick Leaves Act & Rules of States
4. The Maternity Benefit Act, 1961

The eligibility and entitlement for various types of leave are often unclear in relation to the relevant legal provisions outlined in the aforementioned laws.

This program aims to inform stakeholders about the legal aspects of eligibility, entitlement, approval, carry forwarding, and encashment of different types of leave, as well as the employer’s authority to deny leave requests in industrial and commercial establishments. By ensuring a comprehensive understanding and implementation of these provisions, we can help prevent potential legal complications.

Additionally, the program will outline the legal procedures for initiating disciplinary action against employees who are absent without authorization.

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Key Topics to Understand Regarding Employee Leaves and Holidays

1. Legal Framework: Familiarize yourself with the relevant legal provisions outlined in various Acts and Rules that govern the types of leaves and holidays entitled to employees.
2. Leave Entitlements: Understand the specific number of leaves available to employees, including Casual Leave, Sick Leave, and Privilege Leave.
3. Holidays and Leave: Explore detailed provisions regarding prefixed, suffixed, and intervening holidays and leaves.
4. Leave Management: Learn about the rules for clubbing leaves, carry-forward policies, maximum accumulation limits, and the conditions for leave encashment as stipulated by law.
5. Maternity Leave: Gain insights into the provisions for maternity leave under the Maternity Benefit Act.
6. Disciplinary Actions: Understand the processes for taking disciplinary action against employees who are absent without authorization or who extend their leave unauthorizedly.
7. Habitual Absenteeism: Define what constitutes habitual absenteeism and the potential consequences that may arise from it.
8. Employer Compliance: Review the compliance requirements for employers under various labour and industrial laws, including maintaining records, registers, and notices, and submitting necessary returns.
9. State-Specific Regulations: Examine the key provisions of different Acts and Rules that govern leaves and holidays across various states.
10. Leave Types and Eligibility: Learn about the types of leaves entitled to employees/workers, including provisions for eligibility and claims.
11. Leave Accounting Rules: Understand the rules governing leave accounting, including maximum accumulation, carry forward policies, lapse conditions, and encashment processes for different types of leaves.
12. Employee Rights and Managerial Authority: Explore the rights of employees regarding leave and the powers of managers to approve or disapprove leave requests.
13. Unauthorized Absences: Review the protocols for addressing situations where employees remain beyond their sanctioned leave and the employer’s authority to initiate disciplinary action.
14. Disciplinary Procedures: Familiarize yourself with the laws and procedures for initiating disciplinary actions against employees taking unauthorized leaves, including the potential for termination of services.
15. Leave Without Pay (LWOP): Understand the implications of taking leave without pay and how it may affect an employee’s benefits.
16. National and Festival Holidays: Learn about the provisions related to national and festival holidays for employees under applicable laws.
17. Compliance and Record-Keeping: Understand the compliance obligations related to maintaining registers, returns, and records concerning leaves and national and festival holidays.