Leave Policy in Haryana State-As Per Haryana Shop & Establishment Act-1958

LEAVE POLICY IN HARYANA

Definition:-

  • Leave- The Permission obtained by an Employee from his/her Employer relieving him from duty.
  • Year- Means commencing on 1st day of April.

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 a year by an Establishment/Employer is 7. 
  2. Sick Leave (SL)- Minimum No. of Leaves provided in a 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. For every 20 days of Employment, Employee is eligible for 1 Day Leave. [Note-In calculating, Fraction of Half Day or more shall be treated as One Day's Leave and Fraction of less than half a day shall be ignored.] 
  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-

Daily Average Gross Salary * No. of PL/EL Unavailed
[Note-Gross Salary not includes Overtime, Bonus]

How to Avail Leave

  1. CL-To avail CL Employee can request for Permission with Employer on Same day before start of the working hours. It depends upon circumstances.
  2. SL- To avail SL Employee can request for Permission with Employer on Same day before start of the working hours. It depends upon circumstances.
  3. PL/EL- To avail PL/EL Employee have to provide written request Letter for Permission with Employer. Employer has to approve/reject it within 15 days of application with a Valid Reason. The same has to communicated in writing by Employer to Employee. The PL so refused shall be provided, if applied for again during the year.
  4. 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. Can Paid Leave be considered as Notice Period? NO
  5. Is Leave can be carry forward? Yes, only PL/EL.
  6. How much PL/EL can be accumulated? 40 Days
  7. Is Employee Eligible for Leave encashment? Yes, only PL/EL max upto 40.
  8. Does Leaves get Lapsed if not availed? Yes, CL/SL.
  9. How much CL,SL, PL/EL can be availed at one go? No Limit, depends upon Leave available.
  10. Can CL/SL, PL/EL, Maternity Leave be clubbed together? Yes, depends upon Organisation's Policy.
  11. Can Leave be availed if No Leave Balance available? Yes, but it will be LWP (Leave Without Pay).
  12. Can Advance Leave be availed? Yes, depends upon Organisation's Policy.

Sourced By:-

http://www.lawsofindia.org/pdf/haryana/1958/1958HR15.pdf

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


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