The Leave laws govern whether an employer must allow employees to take time off, either paid or unpaid, under a number of different circumstances. They also address whether an employer must pay accrued leave to employees upon separation from employment. Employers are not required by either federal or state law to provide various types of leave to employees, although there are some exceptions.
Numbers of leaves entitlement in a company depends upon the state you are in. Every state has different leave entitlement and policies which should be seen before one defines leave policy of your company. Leave policy of a company cannot be less than that mentioned by the State’s shop and establishment act. This is a paid leave earned by employees during a year and availed in the subsequent year. If the number of earned leave is over, the day is considered as unpaid leave and the day’s pay is cut from the salary. These leaves can also be en-cashed while leaving the company. The following are a number of earned leaves according to laws:
Factory workers need to work a minimum 240 days in the organization in a year to be eligible for earned leave. Adults get one day for every 20 days. Mine workers below the ground can avail one day for every 15 days work, and those working above the ground can avail one day for every 20 days work. People working in sales and newspaper running company can avail one month earned leave for every 11 months of work. Domestic workers are also eligible for 15 days earned leave in a year.
Usually, when a sick leave exceeds beyond two or three days, depending upon the company policy, employees are requested to submit a medical certificate to sanction the leave. An employee can take leave during the notice period, provided it is for a genuine reason like maternity, health issues, etc. Management is having the discretion to sanction or refuse leaves to an employee. However, leave can be granted at the will and discretion of the superior depending upon the urgency and necessity.
Casual leave is another paid leave that although not earned, is entitled to employees only if prior permission is granted by the organisation. If the employer does not grant permission and the employee nevertheless takes a leave, the day’s pay is cut from the salary. Usually, every organization allows a certain number of casual leaves in a year, which is fixed by the company’s administration. Although, there are laws for certain types of workers: Sales and newspaper employees are entitled 15 days of casual leave in a year. Apprentices are entitled annually 12 days of casual leave.
Female employees, as per law, are entitled to six months or 24 weeks of leave when she is pregnant. During Maternity Leave period, employers will have to pay their female employees normally. Male employees who are soon to become fathers can avail up to 15 days of leave within six months of their wife’s date of delivery. There are some exceptions. Apart from these, there are others paid, unpaid or half-paid leaves like Study Leave, Bereavement Leave and Leave for Voting. These although are left at the organization’s discretion.
Earning leave by an employee during his/her service is his/her legitimate right and no one can stop such leaves while the management holds the right to sanction or refuse at the time of exigencies.
(The views expressed by the author in the article are his/her own.)