Types of leaves in India

What are Leaves?

A leave is defined as a right to abstain from work for valid causes with previous authorisation from management. It may be approved for an unforeseen circumstance, a scheduled activity, or medical reasons. The Government of India has established guidelines and regulations about leaves.

All employees, whether they work for a public or private company, have the right to leave. An employee leave policy improves convenience and aids in employees’ ability to maintain a healthy work-life balance. Although the specifics of leaves can vary based on the business, office leaves are generally the same.

Types of Leaves in India

Some laws regulate the minimum amount of leave that employers are required to provide their employees, as well as the kinds of leaves that they offer. The following are the categories of leaves available in India,

1. Earned Leave/Privileged Leave (EL/PL)
2. Sick Leave/Medical Leave
3. Casual Leave (CL)
4. Maternity Leave (ML)
5. Paternity Leave (PL)
6. Bereavement Leave
7. Compensatory Off
8. Loss of Pay (LOP)
9. Holiday Leave

1. Earned Leave/Privileged Leave (EL/PL)

It is so named because these leaves are ‘earned’ by working on workdays. These are often used for personal reasons such as vacations or weddings, as well as, to observe festivals that are not proclaimed holidays.

• Days worked do not include holidays, weekends, or days when the employee does not work.
• Earned leave must include at least one day of work every 20 days.
• According to the Factories Act, if a worker does not use all of the leaves allotted to them in a calendar year, the unused leave is carried forward to the following year.
• The total number of days of leave that can be carried forward in a year cannot exceed 30 in the case of an adult.

2. Sick Leave/Medical Leave

• Employees are entitled to sick leave when they are not feeling well or are sick.
• Sick Leave accrued during the year may be carried forward and used the following year in several jurisdictions.
• Employees in various organisations can access 9 or 10 days of sick leave each year.
• Employees who are on sick leave for more than three days must produce a medical certificate from a certified medical practitioner.

3. Casual Leave (CL)

Casual leave is offered for an unexpected event or when an employee is unable to attend the office for a day or two due to a personal emergency. Casual leave is often not combined with other leave; however, it can be used in conjunction with other leave if there is an inadequate leave balance. CL should never be granted for more than 5 days at a time unless there are exceptional reasons. CL can also be used for half a day. CL is limited to 8 days each calendar year.

• CL can be combined with special casual leave or vacation, but not with any other type of leave.
• Saturdays, Sundays, restricted holidays, and holidays, whether intervening, prefixed, or sufficing, are not considered as casual leave.
• Casual leave cannot be combined with sick or vacation time. Casual leave can be used for a maximum of three days before being classified as PL or leave without pay, depending on the situation. Casual leave must be requested at least 24 hours in advance.

4. Maternity Leave (ML)

The Maternity Benefit Act, of 1961, mandates companies to provide 26 weeks of paid leave to any woman who has worked for at least 80 days in the previous 12 months, not more than eight weeks before her projected delivery date.

• All female employees are entitled to 32 weeks of maternity leave for two surviving children. The female employee may take maternity leave for up to 26 weeks, but no more than 8 weeks before the scheduled delivery date. Maternity leave of 12 weeks will be available to moms having their third child.
• Moms adopting a child under the age of three months, as well as “commissioning mothers,” will be eligible for a 12-week maternity leave. The commissioning mother is a biological mother who utilizes her egg to make an embryo that is implanted in another woman.
• In the event of a miscarriage or medical termination of pregnancy for any reason, the number of days of paid leave available shall be limited to 45 consecutive days from the date of the occurrence. Intervening weekends and holidays shall be counted as leave days for maternity, miscarriage, or medical termination of pregnancy purposes.
• If an employee resigns from her job during maternity leave without returning to work, the benefit will be extended only until the employee’s last day of employment with the company.
• Any subsequent leaves taken after 225 days and the accrued PL balance would be considered a pay loss. During maternity leave, female employees will be treated as active employees for performance management and, if applicable, variable payouts.

5. Paternity Leave (PL)

Paternity leave is a leave of absence granted to fathers with fewer than two children for about seven working days (excluding holidays and intervening weekends) to look after and care for their babies during their wife’s confinement. These leaves cannot be accumulated or encashed.

6. Bereavement Leave

When an employee loses a close friend or a family member, he or she is entitled to bereavement leave. In such circumstances, management provides the employee with a total of three leaves. However, depending on the company you work for, the number of these leaves may vary. The Companies will provide 20 days of paid bereavement leave in the event of the death of a spouse/common-law partner, parents, siblings, and children, spouse/common-law partner’s parents, siblings, and children, Grandparents, and Grandchildren.

7. Compensatory Off

Employees are awarded compensatory time off on any other workday if they are compelled to work on a weekend or a holiday due to the priority of deliverables. Employers clearly state this in their policies, and there are no precise laws about compensation. The employee must apply for compensatory leave on the same day he/she worked extra.

8. Loss of Pay Leave (LOP Leave)

Employees who have exhausted their paid leave are eligible for loss of pay leaves because there is a loss of income when an employee takes this sort of leave, it is also referred to as LOP leave. Some businesses consider any absence taken in violation of the leave policy to be LOP. For instance, an employee who goes on vacation without prior notification or clearance or an employee who fails to provide medical certificates in the case of sick absence as required by policy.

9. Holidays Leave

These are the leaves that need to be provided to the employees of the organisation. In India, the following sorts of holidays are available,

• National Holiday: Every year, the 26th of January, the 15th of August, and the 2nd of October are designated national holidays in India.
• Festivals and Holidays: India is a diverse country with many religions. Many religious festivals are also observed as holidays. The only holidays that consistently fall on the same day are Christmas and Lohri. Other holidays, such as Holi, Diwali, and Eid, occur on different days each year based on the lunar calendar.
• Weekly Holidays: Under Indian law, a worker’s maximum weekly working hours have been prescribed, and a worker cannot work for more than such prescribed hours. The Factories Act requires a weekly holiday. The first day of the week, Sunday, shall be a weekly holiday, and the employer shall ensure that no worker works more than 10 days without a 24-hour rest day. Every week, the employee must be allowed 24 hours of rest. According to the applicable law, employees are required to take one weekly holiday.