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Hi,

It depends on whether you are under The Shops & Est. Act or The Factories Act. For both acts, leave is based on the calendar year, i.e., January to December.

The Shops Act will depend on the state in which your organization is located. If it is a factory, there can be two types of employees: those on the rolls from January 1st and those who join after January 1st. The first set of employees will be entitled to one day of leave for every 20 days worked, provided they have worked for not less than 240 days from 1/1 to 31/12. The second set of employees will get leave at the same rate, but only if the ratio of "total worked days of the employee" to "the total workable days from his/her date of joining to 31/12" is equal to or more than 2/3. The ratio is set at 2/3 because the ratio of 240 to 365, the days of the year, is 2/3.

I hope this clarifies the information.

Shrikant

From India, Mumbai
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