Hi Guys, I need a guidance on framing Leave policy for my start up. Kindly do help with basic inputs...
From India, Chennai
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Basically, you have to follow the leave provisions as provided in the Shops and Commercial Establishments Act of your state. Of course, if yours is a factory, the leave as per the Factories Act shall be taken as the base for your leave policy. As per the Factories Act, the only leave available is annual leave with wages, otherwise referred to as Earned leave or Privileged leave. This leave is available to those employees who have worked at least 240 days in the preceding year. The number of leaves that each employee earns is limited to one day for every 20 days worked in the preceding year.
From India, Kannur
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Dear Poster,

You did not mention what kind of start-up (factory, shop, or commercial establishment) for which you need to frame the leave policy. Always consider the opinions and thoughts of management as they are the ones who need to administer these policies. It is not advisable to change the rules frequently once they have been established.

Thank you.

From India, Mumbai
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I may add what has been suggested by Mr. Madhu. Presumably, your startup is in the nature of 'Shops & Commercial Establishment' as per the applicable state act, i.e., TN. If yes, it's safer to simply copy the provisions contained in the state act & rules, read with the Maternity Benefit Act, in respect of female employees. And over and above that, you have to adopt what is the practice being followed in your sector in Chennai.

While EL/PL and sick leave have been covered in the act/rules, Casual leave has to be added as per your convenience. Perhaps you have to formulate & define the leave policy for the first year of one's service & during 'probation period' as during this period 'no credit' of EL/PL/SL will be available for the employees recruited afresh. And records/registers as per the act/rule have to be maintained.

Soon after drafting your leave rules taking into consideration as above, you have to circulate or put it on your notice board for the guidance of your employees. I've attached the text of TN Shops Acts & rules for your ready reference.

Wishing you all the best.

From India, Bangalore
Attached Files (Download Requires Membership)
File Type: pdf Tamilnadu-Shops-and-Estabilishment-Act-1947.pdf (188.1 KB, 3 views)
File Type: docx TAMILNADU SHOPS AND EStt.Act.Leave Rules.docx (11.7 KB, 3 views)
File Type: pdf THE-TAMIL-NADU-SHOPS-AND-ESTABLISHMENTS-RULES-1948.pdf (1.29 MB, 3 views)
File Type: pdf TN-Shops & Estts.Act. Amendment to Accumulation of leave to 45 days..pdf (90.5 KB, 3 views)

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Also refer the attached notification for 'ease of doing business' initiative in TN.
From India, Bangalore
Attached Files (Download Requires Membership)
File Type: pdf TN-Tamil Nadu Shops And Establishments Permitted To Remain Open 24x7 Days For Three Years.pdf (306.6 KB, 3 views)

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