Chapter III HOLIDAYS AND LEAVE

Application of Chapter.-The provisions of this chapter shall not operate to the prejudice of any rights to which an employee may be entitled under any other law or under the terms of any award, agreement or contract of service.

Provided that where such award, agreement or contract of service provides for a long leave with wages or weekly holidays than provided in this Chapter the employee shall be entitled to such longer leave or weekly holidays, as the case may be.

Explanation.—For the purpose of this Chapter leave shall not, except as provided in section 13, include weekly holidays or holidays for festivals or other similar occasions.

Annual leave with wages.

1. (1) Every employee in an establishment shall be entitled after twelve months’ continuous service in that establishment, to holidays with wages for a period of twelve days, in the subsequent period of twelve months, provided that such holidays with wages may be accumulated up to a maximum period of twenty-four days.
2. (2) Every employee in an establishment shall also be entitled during every twelve months of continuous service
   • (a) to leave with wages for a period not exceeding twelve days on the ground of any sickness incurred or accident sustained by him and
   • (b) to casual leave with wages for a period not exceeding twelve days on any reasonable ground.
3. (3) If an employee entitled to any holidays under sub-section
4. (1) is discharged by his employer before he has been allowed the holidays, or if having applied for and been refused the holidays, he quits his employment before he has been allowed the holidays, the employer shall pay him the amount payable under this Act in respect of the holidays.
5. (4) If an employee entitled to any leave under sub-section
6. (2) is discharged by his employer when he is sick or suffering from the result of an accident, the employer shall pay him the amount payable under this Act in respect of the period of the leave to which he was entitled at the time of his discharge, in addition to the amount, if any, payable to him under sub-section (3).
7. (5) An employee shall be deemed to have completed a period of twelve months continuous service within the meaning of this section, notwithstanding any interruption in service during those twelve months brought about
   • (i) by sickness accident, or authorized leave (including authorized holidays), not exceeding ninety days in the aggregate for all three; or
   • (ii) by a lockout; or
   • (iii) by a strike which is not an illegal strike; or
   • (iv) by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate, and authorized leave shall be deemed not to include any weekly holidays allowed under this Act which occurs at the beginning or end of an interruption brought about by the leave.
8. (6) An employee in a hostel attached to a school or college or in an establishment maintained in a boarding school in connection with the boarding and lodging of pupils and resident masters shall be allowed the privileges referred to in sub-sections
9. (1) to
10. (5) reduced however proportionately to the period for which he was employed continuously in the previous year or to the period for which he will be employed continuously in the current year, as the case may be; and all references to periods of holidays or of leave in sub-sections
11. (1) and
12. (2) shall be construed accordingly, fractions of less than one day being dis-regarded.
13. (7) Government shall have power to issue directions as to the manner in which the provisions of sub section
14. (6) shall be carried into effect in all or any class of cases or in any particular case.

Special casual leave for sterilization operation.—

1. (1) Every employee who undergoes sterilization operation shall be entitled to special casual leave with wages for a period not exceeding—
   • (a) six days in the case of a male employee; and
   • (b) fourteen days in the case of a female employee, with effect from the day on which he or she undergoes such operation.
2. (2) If an employee who has undergone sterilization operation is discharged by his or her employer during the period specified in sub-section
3. (1) the employer shall pay such employee the amount payable under section 14 in respect of the period of the special casual leave to which the employee was entitled at the time of discharge.

Wages during leave period.-

1. (1) For the leave allowed to an employee under section 13 or section 13A, the employee shall be paid at the rate equal to the daily average of his or her total full-time earnings exclusive of any overtime earnings and bonus, but inclusive of dearness allowance and the cash equivalent of any advantage accruing by the supply of meals and by the sale by the employer of foodgrains and other articles at concessional rates for the days on which the employee worked during the month immediately preceding his leave.
2. (2) The amount payable to an employee under sub-section
3. (1) for the leave allowed under section 13A shall be paid to him or her on production of a certificate from such authority and in such form as may be prescribed, to the effect that the employee has undergone sterilization operation.

Power of Inspectors to act for employees.-Any Inspector may institute proceedings on behalf of any employee to recover any sum required to be paid by an employer under the Chapter which the employer has not paid.

Power to exempt establishments.-Where the Government are satisfied that the leave rules applicable to employees in an establishment provide benefits which in its opinion are not less favourable than those for which this Chapter makes provision, it may, by written order, exempt the establishment from all or any of the provisions of this Chapter, subject to such conditions as may be specified in the order