Dear All,
Can somebody tell me if, as per the Factories Act, casual and medical leaves are obligatory on the part of the employer to be given? This is because in the act, only earned leaves are allowed. If yes, where is it mentioned in the act?
Regards,
Shishir
From India, Ludhiana
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Can somebody tell me if, as per the Factories Act, casual and medical leaves are obligatory on the part of the employer to be given? This is because in the act, only earned leaves are allowed. If yes, where is it mentioned in the act?
Regards,
Shishir
From India, Ludhiana
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Dear Shishir,
Casual and medical leaves are given as per the certified standing orders of the company. Some state factory rules have provisions for casual/sick leave. If it is stated in the factory rules, it must be followed; otherwise, your certified standing orders should be followed.
Thanks,
J S Malik
From India, Delhi
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174Casual and medical leaves are given as per the certified standing orders of the company. Some state factory rules have provisions for casual/sick leave. If it is stated in the factory rules, it must be followed; otherwise, your certified standing orders should be followed.
Thanks,
J S Malik
From India, Delhi
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Dear Shishir,
This gives me an opportunity to congratulate you on joining at Phillaur. Wish you a nice tenure.
Apropos to your topic, there is no mention in the Factory Act 1948, but it is obligatory (in Punjab) to grant Sick and Casual leave under "The Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Rules 1966. (Copy appended).
THE PUNJAB INDUSTRIAL ESTABLISHMENTS
(NATIONAL AND FESTIVAL HOLIDAYS AND
CASUAL AND SICK LEAVE) RULES, 1966 (6.1 – 6.10)
No. G.S.R. 72/P.A. – 14/65/S.15/6 dated the 5th April 1966 – With reference to Punjab Government Labour Department Notification No. GSR. 225/P.A.- 14/65/S. 15/65, dated 19th October 1965 and in exercise of the powers conferred by Section 15 of the Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act, 1965, the Governor of Punjab is pleased to make the following rules, namely: -
1. Short Title. – These rules may be called the Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Rules, 1966.
2. Definitions. -- In these rules, unless the context otherwise requires: -
(a) ‘Act’ means the Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act, 1965.
(b) ‘Conciliation Officer’ means a Conciliation Officer notified as such under the Industrial Disputes Act, 1947.
(c) ‘Form’ means a form appended to these rules.
(d) ‘Representatives of the workers’ shall mean the representatives of the workers on the Works Committee constituted under Section 3 of the Industrial Disputes Act, 1947, and where there is no such Works Committee, the representatives of the Worker elected in the manner prescribed under Rule 4.
(e) ‘Section’ means a section of the Act.
3. Festival Holidays. -- Section 3(1)(a) read with Section 15(2)(a). – (1) The festival holiday required to be allowed under Section 3(1)(b) shall be determined in consultation with the representatives of the workers before the 30th November each year for the ensuing calendar year. The holidays so determined shall be notified to the workers before the 31st December each year by exhibiting a copy of the same on a notice board kept at a conspicuous place where the majority of the workers enter the premises of the industrial establishment and also at the Time-keeper’s Office, if any, and a copy of the same shall be delivered to the Inspector of the area before the 21st December each year.
(2) For exercising a claim for a half festival holiday as provided in the proviso to sub-section (1) of Section 3, a written application to this effect shall be received by the employer before the 31st October every year, which shall be signed by not less than 10 percent of workers of the industrial establishment on the rolls on that day, indicating the names of festivals on which they want to avail of half holidays. If any difficulty in this arises, the matter will be settled by the employer in consultation with the representatives of the workers.
4. Election of representatives of workers, Section 3(1) read with Section 15(1). -- Where there is no Works Committee constituted under Section 3 of the Industrial Disputes Act, 1947, the representatives of the workers shall be elected from amongst the workers. The election shall be arranged by the employer in the month of October each year. For this purpose, he shall issue seven days’ notice and invite nominations, whereafter elections shall be held by a show of hands.
5. Casual Leave. Section 4 read with Section 15(2)(b). -- (1) During the first year of service, a workman may be allowed not more than two days’ casual leave for every three months of service.
(2) The unavailed casual leave shall lapse at the end of the calendar year. If any casual leave due is refused by the employer in his own interest, the worker shall be compensated by the grant of casual leave on any other day or by payment of the average daily wages for that day.
(3) Casual leave shall not be combined with any kind of leave except with the express permission of the employer.
(4) Except for emergent reasons, casual leave shall not be asked or allowed for more than two days at a time.
(5) An application for casual leave shall be made two days in advance to the management concerned, and permission obtained beforehand:
Provided that in case of urgency, death, or serious illness in the family, such an application can be made immediately on resuming duty, giving cogent reasons for the inability to obtain prior permission.
(6) If a substantial number of workers apply for casual leave in a concerted manner and for an identical period, and the employer has reasons to believe that the leave has been applied for with the intention to adversely affect the working of the establishment, the employer may reject the application, and the worker shall not be entitled to claim any compensation for leave thus refused:
Further provided that a worker may apply for leave thus rejected afresh at any other time during the year, and such an application may then be considered by the employer in the normal course.
6. Sick Leave. Section 4 read with Section 15(a)(b). -- (1) If sick leave is for more than two days, it shall be granted on application supported by a medical certificate from a registered medical practitioner;
Provided that the employer may require the worker to get such a medical certificate countersigned by the authorized medical officer of the Industrial Establishment, if any, or from the Doctor in charge of the Government Hospital of the area, and the fee for getting the medical certificate countersigned shall be borne by the employer.
(2) In case a worker is suspected to be suffering from any contagious or infectious disease, he may be medically examined by the employer at his expense and allowed to proceed on leave as though the worker had applied for being sent on leave himself.
Maintenance of Records. Section 15(2)(O) -- (1) Every employer shall submit to the Inspector of the area a statement of Festival Holidays to be allowed to the workers during the calendar year before the 31st December of the preceding year in Form ‘A’. A copy of this statement will be exhibited on a Notice board to be kept in the industrial establishment at a conspicuous place and shall be available for inspection at all times.
(2) The amount of festival holidays, casual leave, and sick leave shall be maintained in Form ‘D’.
Penalties. Section 15(3). -- Any person who contravenes any provision of the rules shall be punishable with a fine, which may extend to fifty rupees.
I think this will serve your purpose.
Regards,
Manjeet Singh
From India
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This gives me an opportunity to congratulate you on joining at Phillaur. Wish you a nice tenure.
Apropos to your topic, there is no mention in the Factory Act 1948, but it is obligatory (in Punjab) to grant Sick and Casual leave under "The Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Rules 1966. (Copy appended).
THE PUNJAB INDUSTRIAL ESTABLISHMENTS
(NATIONAL AND FESTIVAL HOLIDAYS AND
CASUAL AND SICK LEAVE) RULES, 1966 (6.1 – 6.10)
No. G.S.R. 72/P.A. – 14/65/S.15/6 dated the 5th April 1966 – With reference to Punjab Government Labour Department Notification No. GSR. 225/P.A.- 14/65/S. 15/65, dated 19th October 1965 and in exercise of the powers conferred by Section 15 of the Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act, 1965, the Governor of Punjab is pleased to make the following rules, namely: -
1. Short Title. – These rules may be called the Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Rules, 1966.
2. Definitions. -- In these rules, unless the context otherwise requires: -
(a) ‘Act’ means the Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act, 1965.
(b) ‘Conciliation Officer’ means a Conciliation Officer notified as such under the Industrial Disputes Act, 1947.
(c) ‘Form’ means a form appended to these rules.
(d) ‘Representatives of the workers’ shall mean the representatives of the workers on the Works Committee constituted under Section 3 of the Industrial Disputes Act, 1947, and where there is no such Works Committee, the representatives of the Worker elected in the manner prescribed under Rule 4.
(e) ‘Section’ means a section of the Act.
3. Festival Holidays. -- Section 3(1)(a) read with Section 15(2)(a). – (1) The festival holiday required to be allowed under Section 3(1)(b) shall be determined in consultation with the representatives of the workers before the 30th November each year for the ensuing calendar year. The holidays so determined shall be notified to the workers before the 31st December each year by exhibiting a copy of the same on a notice board kept at a conspicuous place where the majority of the workers enter the premises of the industrial establishment and also at the Time-keeper’s Office, if any, and a copy of the same shall be delivered to the Inspector of the area before the 21st December each year.
(2) For exercising a claim for a half festival holiday as provided in the proviso to sub-section (1) of Section 3, a written application to this effect shall be received by the employer before the 31st October every year, which shall be signed by not less than 10 percent of workers of the industrial establishment on the rolls on that day, indicating the names of festivals on which they want to avail of half holidays. If any difficulty in this arises, the matter will be settled by the employer in consultation with the representatives of the workers.
4. Election of representatives of workers, Section 3(1) read with Section 15(1). -- Where there is no Works Committee constituted under Section 3 of the Industrial Disputes Act, 1947, the representatives of the workers shall be elected from amongst the workers. The election shall be arranged by the employer in the month of October each year. For this purpose, he shall issue seven days’ notice and invite nominations, whereafter elections shall be held by a show of hands.
5. Casual Leave. Section 4 read with Section 15(2)(b). -- (1) During the first year of service, a workman may be allowed not more than two days’ casual leave for every three months of service.
(2) The unavailed casual leave shall lapse at the end of the calendar year. If any casual leave due is refused by the employer in his own interest, the worker shall be compensated by the grant of casual leave on any other day or by payment of the average daily wages for that day.
(3) Casual leave shall not be combined with any kind of leave except with the express permission of the employer.
(4) Except for emergent reasons, casual leave shall not be asked or allowed for more than two days at a time.
(5) An application for casual leave shall be made two days in advance to the management concerned, and permission obtained beforehand:
Provided that in case of urgency, death, or serious illness in the family, such an application can be made immediately on resuming duty, giving cogent reasons for the inability to obtain prior permission.
(6) If a substantial number of workers apply for casual leave in a concerted manner and for an identical period, and the employer has reasons to believe that the leave has been applied for with the intention to adversely affect the working of the establishment, the employer may reject the application, and the worker shall not be entitled to claim any compensation for leave thus refused:
Further provided that a worker may apply for leave thus rejected afresh at any other time during the year, and such an application may then be considered by the employer in the normal course.
6. Sick Leave. Section 4 read with Section 15(a)(b). -- (1) If sick leave is for more than two days, it shall be granted on application supported by a medical certificate from a registered medical practitioner;
Provided that the employer may require the worker to get such a medical certificate countersigned by the authorized medical officer of the Industrial Establishment, if any, or from the Doctor in charge of the Government Hospital of the area, and the fee for getting the medical certificate countersigned shall be borne by the employer.
(2) In case a worker is suspected to be suffering from any contagious or infectious disease, he may be medically examined by the employer at his expense and allowed to proceed on leave as though the worker had applied for being sent on leave himself.
Maintenance of Records. Section 15(2)(O) -- (1) Every employer shall submit to the Inspector of the area a statement of Festival Holidays to be allowed to the workers during the calendar year before the 31st December of the preceding year in Form ‘A’. A copy of this statement will be exhibited on a Notice board to be kept in the industrial establishment at a conspicuous place and shall be available for inspection at all times.
(2) The amount of festival holidays, casual leave, and sick leave shall be maintained in Form ‘D’.
Penalties. Section 15(3). -- Any person who contravenes any provision of the rules shall be punishable with a fine, which may extend to fifty rupees.
I think this will serve your purpose.
Regards,
Manjeet Singh
From India
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Regarding casual and sick leave, 8 casual and 10 sick leave. I think if any employee is covered by ESI, they do not enjoy sick leave. Employees not covered by ESI can get 8 casual and 10 sick leave per year. Regarding sick leave, you will need to submit medical proof to your current employer.
From India, Delhi
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From India, Delhi
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Can anybody tell me about the eligibility of sick leave as per any labor law, specifically for Gujarat? I have seen the above thread regarding the same for the Punjab state. How many sick leaves are allowed to a worker in a year? If there is any law related to the same, please attach it. Please reply.
From India, Jamnagar
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From India, Jamnagar
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