Leave Policy in Delhi-State- As Per Delhi Shop & Establishment Act-1954

LEAVE POLICY IN DELHI


Definition:-


  • Leave- The Permission obtained by an Employee from his/her Employer relieving him from duty.
  • Year- It means Calendar Year i.e January to December.

Types of Leave 


  1. Casual Leave/ Sick Leave (CL/SL)
  2. Privilege Leave/ Paid Leave/ Earned Leave (PL/EL) 
  3. Maternity Leave
  1. Casual Leave/ Sick Leave (CL/SL)- Minimum No. of Leaves provided in a year by an Establishment/Employer is 12. To get entitled of 1 Leave in a month Employee has to complete Continuous Employment of 1 Month. [Note-To avail more than 3 SL, Employee has to submit Medical Certificate]
  2. Privilege Leave/ Paid Leave/ Earned Leave (PL/EL)- Minimum No. of Leaves provided in a year by an Establishment/Employer is 15. To get entitled of 5 Leaves in 4 months, Employee has to complete Continuous Employment of 4 Months.
  3. Maternity Leave- Minimum No. of Leaves provided in a year by an Establishment/Employer is 26 Weeks. To get entitled Female Employee has to complete Continuous Employment of 160 days.

Formulae of Leave Encashment-

Last 3 Months Average Daily Gross Salary * No. of PL/EL Unavailed
[Note-Gross Salary not includes Overtime or any reimbursement (Travel, Mobile, etc)]

How to Avail Leave

  1. CL/SL- To avail CL/SL Employee can request for Permission with Employer on Same day before start of the working hours. It depends upon circumstances.
  2. PL/EL- To avail PL/EL Employee have to provide written request Letter for Permission with Employer before 15 days. Employer has to approve/reject it before 7 days of actual day of Leave with a Proper Reason.
  3. Maternity Leave- To avail Maternity Leave Woman Employee has to Give in writing before 6 weeks of Expected Delivery. 

FAQ

  1. Is Holiday a Leave? NO
  2. Is Weekly-off a Leave? - NO
  3. Can Leave be Availed during Notice Period? YES
  4. Is Leave can be carry forward? Yes, only PL/EL.
  5. How much PL/EL can be accumulated? 45 Days
  6. Is Employee Eligible for Leave encashment? Yes, only PL/EL max upto 45.
  7. Does Leaves get Lapsed if not availed? Yes, CL/SL.
  8. How much CL/SL, PL/EL can be availed at one go? No Limit, depends upon Leave available.
  9. Can CL/SL, PL/EL, Maternity Leave be clubbed together? Yes, depends upon Organisation's Policy.
  10. Can Leave be availed if No Leave Balance available? Yes, but it will be LWP (Leave Without Pay).
  11. Can Advance Leave be availed? Yes, depends upon Organisation's Policy.

Sourced By:-

http://spuwac.com/pdf/delhishopsnestablishmentsact.pdf

http://dceast.delhigovt.nic.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Rules+Implemented/The+Delhi+Shops+Rules%2C+1954/The+Delhi+Shops+and+Establishments+Rules%2C+1954

https://labour.gov.in/sites/default/files/TheMaternityBenefitAct1961.pdf

Comments

  1. Gaurav PahujaniMarch 21, 2020 at 9:16 AM

    Sandwich Leave-Leave which is Taken Before & After Weekly off. Due to this weekly-off considered as Sandwich Leave.

    ReplyDelete

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