Leave Policy in Gujarat-State- As Per Gujarat Shop & Establishment Act-2019

LEAVE POLICY IN GUJARAT

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 (CL)
  2. Sick Leave (SL)
  3. Privilege Leave/ Paid Leave/ Earned Leave (PL/EL) 
  4. Maternity Leave
  1. Casual Leave (CL)- Minimum No. of Leaves provided in the beginning of Calendar year by an Establishment/Employer is 7. 
  2. Sick Leave (SL)- Minimum No. of Leaves provided in the beginning of Calendar year by an Establishment/Employer is 7. [Note-To avail more than 3 SL, Employee has to submit Medical Certificate]
  3. Privilege Leave/ Paid Leave/ Earned Leave (PL/EL)- Minimum No. of Leaves provided in a year by an Establishment/Employer is calculated as for every 20 days of Employment, Employee is eligible for 1 Day Leave. To get entitled Employee has to complete Continuous Employment of 240 Days in a year. PL shall be allowed in subsequent Calendar Year.
  4. 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 refuses to sanction the leave, when applied 15 days in advance, then Employee has right to encash Leave in excess of 63 Days.
  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? 63 Days
  6. Is Employee Eligible for Leave encashment? Yes, only PL/EL max upto 63.
  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.

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