Dear Friends,
Let me express my views on the thread for the sake of simplified clarity since the various questions posed one after another converted it into that of a questionnaire.
In employment parlance, the term 'leave' connotes a special meaning that it is a period of time for which an employee is allowed to be away from work for a special reason.It is therefore different from 'holiday' in that holiday is a total closure of work as such no permission is necessary wheres leave is absence with permission from work.
The idea behind grant of leave for employees is two-fold: the first one is to permit an employee to enable him to discharge his social obligations such as attending a marriage, calling on an ailing relative or a friend etc., like any other member of the society and meeting certain unforeseen contingencies like sudden indisposition of a family member or self; the second one is to permit him/her to rejuvenate himself/herself for certain spell of time free of physical and mental pressures of work so that his productivity or capability to work is maintained at the optimum level.
Almost all the labor enactments applicable to particular types of industrial establishments do have special provisions relating to leave and holidays to employees depending upon their nature of work.In respect of managerial cadre employees, industries themselves devise their own leave policy and incorporate into the service regulations of such people for the sake of uniform application.
Since the opening of this thread started with the kinds leave in factories, I shall also start with the leave provisions of the Factories Act,1948. Other than the weekly holiday mentioned in Se 52 of the Act and maternity leave of 6 weeks prior to or after delivery permissible to eligible women workers under the Maternity Benefit Act,1961, the only leave available to the factory workmen is the Annual Leave with Wages allowed u/s 79 of the Act.It is permissible subject to the condition of working of 240 days or more in the previous year.That is in the case of an adult workman, leave will be allowed in the subsequent year @ 1 day for every 20 days of work performed in the previous year and in the case of child,1 day for every 15 days. The days of lay-off, maternity leave not exceeding 12 weeks and the leave earned in the year prior to that in which the leave is enjoyed will be treated as worked days for the purpose of computing the 240 days. Maximum no of days accumulated is 30 in the case of adult and 40 in the case of child. Encashment of unavailed no of days is permissible immediately on termination on a/c of discharge, dismissal, resignation,superannuation or death.Leave shall be applied for permission before 15 days; if denied the applied no of leave should be allowed to be carried over.
In the case of employees in shops and establishments, generally provisions for the grant of casual leave, sick leave each @ 12 days a year and privilege leave leave @ 12 days are given in the respective State Enactments. Only privilege leave can be accumulated to a maximum of 24 or more days as in respective Acts.Unavailed portions of P.L should be paid on any kind of termination; S.L only on death.
In respect of contract labor, the leave provisions of the law applicable to the principal employers estt are applicable.
GENERALLY, holidays falling within the period of earned leave or prefix and suffix of holidays are permissible.
It should be borne in mind that it cannot be claimed as a matter of right; sanction is always subject to the exigencies of work only.