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Hello HR Experts, I have a small doubt in PL. if someone has not completed 240 days in calendrer year then she will be not entitled for pl ? when 2/3 pro rata basis apply ?
From India, Ahmedabad
Dear Member, If your unit is covered under the Factories Act, 1948 then go through chapter on leave with wages to see the eligibility for grant of earned leaves to the workers. Regards, R N KHOLA
From India, Delhi
Hi,

Assuming you are from Gujarat:

Under both the Factories Act and the Gujarat Shops and Establishments Act, an employee must work for 240 days in a calendar year to become eligible for Leave with Wages (commonly referred to as Paid Leave or Earned Leave) in the subsequent year. The entitlement is calculated at the rate of 1 leave for every 20 days worked.

If an employee does not complete 240 days in the year, they are not legally entitled to such leave.

That said, as a progressive employer, it is a commendable practice to credit leaves after every 20 working days or on a pro-rata basis. However, please note that this is not a legal mandate but rather a discretionary policy to promote employee welfare.

From India, Bangalore
In continuation to what Srinivas has said, I would like to say that under Factories Act, an employee who joined in the middle of the year, say joined during 2024, should also be given PL in 2025 subject to certain condition that he has worked at least two thirds of the total number of days in the remaining of the calendar year. This is a legal mandate as per section 79(2) of the Factories Act. Therefore, one who joined on 1st April 2024 should have worked for 180 days or one who joined on 1st July should have worked for 120 days in order to become eligible for PL. The number of PL will, obviously, be limited to one for 20 days physically worked, ie, excluding the holidays and other leave days.
From India, Kannur
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