Salary and Leave Policy in India

Employees across all industries in India are entitled to a certain number of leaves per
year aside from the days-off and assigned holidays. Organizations provide different
types of leaves to help employees maintain a work and life balance. The common
leaves are Sick or Medical Leave, Casual Leave and Earned Leave. The number of
each leave depends on the industry and employer. There are various laws that govern
leaves and their characteristics. Here is an overview of the leave policy in India:
Earned Leave
This is a paid leave earned by employees during a year and availed in the subsequent
year. If the number of earned leave is over, the day is considered as an unpaid leave
and the day’s pay is cut from the salary. These leaves can also be en-cashed while
leaving the company. The following are number of earned leaves according to laws:
 Factory workers need to work minimum 240 days in the organization in a year to
be eligible for earned leave. Adults get 1 day for every 20 days, and children,
below the age of 15, get 1 day for every 15 days work in the previous year.
 Mine workers below the ground can avail 1 day for every 15 days work; and those
working above the ground can avail 1 day for every 20 days work.
 Workers in a Bidi or Cigar factory get 1 day leave for every 20 days work in the
previous year. If the worker is a child of below age 15, he gets 1 day off for every
15 days of work.
 People working in sales, and newspaper running company (which includes
journalists) can avail one month earned leave for every 11 months of work.
 Domestic workers are also eligible for 15 days earned leave in a year.

Casual Leave
This is another paid leave that although not earned, is entitled to employees only if
prior permission is granted by the organization. If the employer does not grant
permission and the employee nevertheless takes a leave, the day’s pay is cut from the
salary. Usually every organization allows a certain number of casual leaves in a year,
 which is fixed by the company’s administration. Although, there is laws for certain
types of workers:
 Sales and newspaper employees (including journalists) are entitled 15 days of
casual leave in a year
 Apprentices are entitled annually 12 days casual leave

Sick/Medical Leave
Employers provide sick leaves to employees when they are ailing. Some organizations
ask for a medical certificate to grant sick leave. Others don’t deem in necessary. If the
employee has used up all his sick leaves, the company uses his earned leaves. Sick
leaves can also be carried forward to the next year. The specifications are although
determined by the company’s administration. Laws governing sick leaves for different
types of employees are:
 Apprentices are entitled for 15 days of sick leave in a year. This can be
accumulated to a maximum of 40 days.
 Journalists and Newspaper employees can avail medical leave of one month for
every 18 months of work. During the medical leave, the employees are paid half
the day’s pay.
 Sales employees are entitled to medical leave similar to that of newspaper
employees. They although mandatorily need to show a medical certificate for their
absence.

Maternity Leave
Female employees, as per law, are entitled to 3 months or 12 weeks of leave when she
is pregnant. During this time, employers will have to pay their female employees
normally.
Paternity Leave
Male employees who are soon to become fathers can avail upto 15 days of leave
within 6 months of their wife’s date of delivery.
Apart from these, there are others paid, unpaid or half-paid leaves like Study Leave,
Bereavement Leave and Leave for Voting. These although are left at the
organization’s discretion.
owing different types of leaves which are applicable for the Permanent/
Temporary Govt. employees of West Bengal. The latest revision of leave rules
by G.O. are also considered alongwith West Bengal Service Rule Part I, Rule
144 to 207.

Types of
Admissibility Period of Leave Pay
Leave

30 days per year,

Private affairs and
Earned Leave maximum credit 300 Full Pay.
medical ground.
days.

20 days for every

Half Pay Private affairs and year. advance half
Half Pay.
Leave medical ground. pay leave is
permitted.

a) Medical ground, not

exceeding half the
amount of half pay leave
Twice the amount of
Commuted due.
half pay leave is Full Pay.
Leave b) Study purpose in the
debited.
interest of public service
up to a maximum of 90
days.

Leave not Due Half Pay.

360 days during
Medical ground based
entire period of
 on medical certificate. service.

Without Pay
Extraordinary When no other leave is
No limit. &
Leave admissible.
Allowances

Disability by injury or in
consequence of due 120 days
Special
performance of official Maximum 24 Full Pay
Disability
duties on production of months. thereafter
Leave
medical board’s Half Pay.
certificate.

Outside
India, Full
Pay + DA,
within India
12 months at any
Pay is
Higher study in the one time and 24
Study Leave admissible if
interest of public service. months during
Scholarship/
service period.
Stipend/
Part time
salary is not
drawn.

Specified infectious Normally 21 days, in

Quarantine
disease certified by exceptional cases Full Pay.
Leave
medical officer. 30 days.
 Only female Govt. Maximum 180 days,
Maternity employee. Also 6 weeks for
Full Pay.
Leave admissible for abortion, miscarriage and
miscarriage. abortion.

Paternity Only Male Govt.

Leave cum employee for taking care
30 days. Full Pay.
Child Care of upto two children upto
Leave 18 years of their age.

Only Female Govt.

Maximum 730 days
Child Care employee for taking care
during entire period Full Pay.
Leave of upto two children upto
of service.
18 years of their age.

Only female Govt.

employee with less than
Child Adoption
two surviving children, Maximum 135 days. Full Pay.
Leave
adopts a child of less
than 1 (one) year

Full Pay
and
Hospital Leave Medical ground. 3 months.
thereafter
Half Pay.

Special Sick Navel staff on medical

Maximum 3 months. Full Pay.
Leave ground.
Casual
Private affairs and 14 days in each
Leave & Half Full Pay.
medical ground. calender year.
Day C.L.

Other pertinent points regarding leave:-

 Leaves can not be claimed as a matter of right.

 Except Casual Leave and Half day Casual Leave, all other leaves may
be combined.
 Permission is required from the leave sanctioning authority to join duty
before the expiry of granted leave.
 Increment is admissible during the period of leave except extra ordinary
leave.
 No Govt. employee shall take up employment during leave.
 Cash equivalent of leave is admissible where a Govt. employee retires
on attaining the age of superannuation/ death in service