Bare Act
Chapter V LEAVE WITH PAY AND PAYMENT OF WAGES
Labour202544 sections10 chapters
Chapter V LEAVE WITH PAY AND PAYMENT OF WAGES
20. Leave.
Statutory text
- (1) Every worker shall be allowed a weekly holiday with wages.
- (2) Every worker in any establishment shall be entitled in every calendar year,—
- (a) to leave with wages for a period of nine days, on the ground of any sickness incurred or accident sustained by him; and
- (b) to casual leave with wages for a period of six days on any reasonable ground: Provided that the sick leave and the casual leave shall laps if unavailed at the end of the year.
- (3) Every worker who has worked for a period of two hundred and forty days or more in an establishment during a calendar year shall be allowed during the subsequent calendar year, earned leave with wages for a period of fifteen days.
- (4) Every worker shall be permitted to accumulate earned leave upto a maximum of forty- five days.
- (5) Where the employer refuses to sanction the leave under sub-section (3) which is due when applied, then the worker shall have a right to encash leave in excess of forty-five days.
- (6) A worker shall be entitled to nine paid holidays in a calendar year, namely, Republic Day, Birth Anniversary of Dr. Babasaheb Ambedkar, May Day, Independence Day, Ganesh Chaturthi, Gandhi Jayanti, Diwali, Goa Liberation Day and Christmas Day. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls: Provided that, the employer may require any worker to work in the establishment on all or any of these days, subject to the conditions that for such work, the worker shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.
- (7) For the purpose of sub-section (3),—
- (a) any days of lay-off, by agreement or contract or as permissible under the model standing orders or standing order certified under Industrial Employment (Standing Orders) Act, 1946 (Central Act 26 of 1946);
- (b) in the case of a woman worker, maternity leave as provided for in the Maternity Benefits Act, 1961 (Central Act 53 of 1961);
- (c) the leave earned in the year prior to that in which the leave is availed; or
- (d) the worker has been absent due to temporary disablement caused by accident arising out of and in the course of his employment, shall be deemed to be days on which the worker has worked in any establishment for the purpose of computation of the period of two hundred and forty days or more, but shall not earn leave for these days.
- (8) The leave admissible under this section shall be exclusive of all holidays whether occurring during or either at the end of the period of leave.
- (9) Every worker shall be paid for the period of his leave earned under sub-section (3) at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime.
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