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Sourav Hajra (Director)     20 April 2013

Leaves and holidays

Dear Members,
We are providing 15 days of paid leaves in the form of National and Festival Holidays along with 10 days of paid casual leaves to our employees.

The trade union has however demanded that we provide employees an additional 14 days of privilege leave and 14 days of sick leave.

Now we provide our employees the ESI benefit. So do we still have to provide sick leave with pay @ half pay for 14 days?

Thanks and Regards



 5 Replies

darshana sawant (associate consultant)     22 April 2013

dear sourav,


It means in all you are giving 25 days leave i.e 21 days plus 4 national/public holidays.  These are the statutory paid leaves to be given either under factories act or shops and establishments act as applicable to your organisation.  In which state is your orgn.  If the local state rules provide for more leaves then it shall be applicable.  However, if the esi leaves are appl,icable to all employees there is no statutory binding on you to give paid medical leave.

Sourav Hajra (Director)     22 April 2013

Dear Darshana,


Our company is located in Kolkata, West Bengal. In Shops and Establishment Act of West Bengal, it is merely mentioned that 14 days of privilege leave, 10 days of casual leave with pay and 14 days of sick leave with half pay be provided.


Thanks for replying.

V. VASUDEVAN (LEGAL COUNSEL)     22 April 2013

Dear Gaurav,

You are confused between Leaves & Holidays. Holidays are -

a) Weekly Holidays provided under the Weekly Holidays Act

b) Annual Holidays provided for National & Festival Holidays, under the National & Festival Holidays Act.

The Leaves to be provided under the Shops & Establishments Act are additional and independant of the above Holidays and cannot be clubbed.


Sourav Hajra (Director)     23 April 2013

Dear Vasudevan,

Does this mean we need to provide 14 days of privilege leave, 10 days of paid casual leave, 14 days of sick leave with half pay, and also 14 days of festive and holiday leaves apart form the weekly holidays??



V. VASUDEVAN (LEGAL COUNSEL)     24 April 2013

The PL CL & SL are 14, 10 and 14. For Sick Leave, leave more than 3 days are entitled for payment of sickness benefit from the ESI, to the employees covered by the ESI and for such leave, employer need not pay. 

National & Festival Holidays range between 11 and 14, and such N&F are notified each year. Please check the notification


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