Civil Construction Company Leave Poilcy that complies with Maharashtra state laws for civil construction companies

Hi, I am an HR professional working with a Construction Company. I want a leave policy sample draft that complies with Maharashtra state laws for civil construction companies.

According to the information I have, the following are the leaves from April to March - Financial Year:
- EL: 18 days - per month 1.5 leave
- SL: 8 days

Please help me with a leave policy draft.
Thank you

We have the Building and Other Construction Workers (Regulation of Employment and Condition of Services) Act, 1996, to regulate the engagement of, and to govern the service conditions of the workers engaged in construction sites. This Act has provided for all provisions required to be followed to ensure the health, welfare, and safety of construction workers. However, there is no mention of leaves to be granted to construction workers. The construction office is covered by the state (Maharashtra) Shops and Commercial Establishments Act. As such, the employees deployed in the office, such as clerks, accountants, managers, will follow the leave rules as per the state Shops Act. But in respect of workers deployed on construction sites, there seems to be no common rules for leaves.

In the absence of any provision under the BOCW Act, you can frame your own policy with 1.5 days leave for every month worked and 8 days of sick leave. It would be advisable to make the earned leaves as 1.5 days for every 30 days worked in the preceding year (calendar year) so that for the first year of employment, an employee would not have any EL but he will earn earned leave as soon as he completes one year of service. At the same time, sick leave shall be credited to every employee on the date of joining itself but shall be allowed to be availed at the rate of 2 leaves per quarter.

Hi Giriraj,

As per current practice in India, for all project sites, regardless of the nature of the work (Civil, Mechanical, Electrical, Instrumentation, and Architectural), 1.5 days of leave are offered for working a minimum of 20 days per month. Very few well-known companies provide a nominal amount of casual or sick leave. However, every contracting company is required to pay for national holidays, as well as three to four days for Rangpanchami, Dasara, Diwali, and other festivals.

I have attached a file with information on leave eligibility and rules under the Shops and Establishments Act in the states of Maharashtra, Gujarat, and Delhi for your reference.

Regards,

Suresh

Thank you for sharing the information.