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 a holiday is a total closure of work, as such no permission is necessary, whereas leave is absence with permission from work.
The idea behind the 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 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 a 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 for employees depending upon their nature of work. In respect of managerial cadre employees, industries themselves devise their own leave policy and incorporate it 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 Section 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 factory workmen is the Annual Leave with Wages allowed under Section 79 of the Act. It is permissible subject to the condition of working for 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 at 1 day for every 20 days of work performed in the previous year and in the case of a 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. The maximum number of days accumulated is 30 in the case of an adult and 40 in the case of a child. Encashment of unavailed number of days is permissible immediately on termination on account of discharge, dismissal, resignation, superannuation, or death. Leave shall be applied for permission before 15 days; if denied, the applied number 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 at 12 days a year, and privilege leave at 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 employer's establishment 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.