Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of India. This article explains India’s leave laws, including Annual Leave Earned Leave Paternity leave Casual leave Maternity Leave Public holidays Sick Leave Bereavement Leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Annual Leave | Minimum of 15 days per year | Monthly accrual | Limited carry over | Paid out | No |
Earned Leave | Varies, often 15-30 days annually. | Accrues based on tenure. | Limited carry over allowed. | Payout for unused leave. | Limited or no end of year payout. |
Paternity leave | 15 days | Not applicable | Not applicable | Not applicable | Not applicable |
Casual leave | Generally 12 days per year. | Accrued monthly. | Not carried over to next year. | No payout for unused leave. | No end of year payout. |
Maternity Leave | 26 weeks for women with less than two surviving children | Not applicable | Not applicable | Not applicable | Not applicable |
Public holidays | Varies by region | Not applicable | Not applicable | Not applicable | Not applicable |
Sick Leave | Typically 12 days per year. | Accrues monthly or annually. | Carry over possible, varies by policy. | Typically no payout. | No end of year payout. |
Bereavement Leave | 3-7 days depending on the relation | Not applicable | Not applicable | Not applicable | Not applicable |
Employees are typically entitled to a minimum of 15 days of paid annual leave per year, which accrues at a rate of 1.25 days for every month of service.
The required notice period for annual leave can vary depending on company policy, but employees are generally expected to apply a few weeks in advance.
Annual leave requires approval from the employer, typically from the immediate supervisor or HR department.
Annual leave quotas are fixed and additional leave beyond the standard quota usually isn't granted unless under special circumstances, which are subject to employer's discretion.
Annual leave is accrued monthly, with employees earning 1.25 days of leave per month of completed service.
Carry over of unused annual leave is usually allowed, but with limitations such as a maximum number of days that can be carried over to the next year, typically around 30 days.
Unused annual leave is typically paid out upon termination of employment, calculated at the employee's current rate of pay.
Unused annual leave is generally not paid out at the end of the year but carried over or forfeited according to company policy.
The application and grant of annual leave are subject to the employer's internal policies, which may include blackout periods during peak business times.
Earned Leave, also known as Privileged Leave, is accrued by employees over time. The typical range is 15-30 days per year, depending on the tenure and the company's policy.
Advance notice for earned leave is typically required, with the period specified by the employer's leave policy.
Earned leave requires prior approval from the supervisor or HR department, and it's often scheduled well in advance.
Additional quota for earned leave is not usually permitted, as this type of leave is strictly accrued based on tenure.
Earned leave accrues based on the length of service and the terms of the employment contract or company policy.
Carry over of earned leave is typically allowed but may be subject to caps as stipulated by company policy.
Unused earned leave is usually paid out at the time of termination of employment, depending on company policy.
Some companies may allow for payout of unused earned leave at the end of the year, though this is often capped.
Earned leave is generally used for planned absences such as vacations. Companies may require employees to use this leave for specific shutdown periods or holidays.
Eligible male employees are entitled to 15 days of paternity leave, which can be availed either before or within a stipulated time after childbirth.
Employees are encouraged to notify their employer as soon as the pregnancy is confirmed or at least a few weeks before they intend to take the leave.
Paternity leave requires formal approval from the employer, and employees may need to submit a leave application in advance.
Additional paternity leave beyond the statutory quota is not commonly granted, though employees may use other types of leave if needed.
Paternity leave is not accrued but is granted per childbirth event.
Paternity leave cannot be carried over and must be used within the stipulated time frame around the childbirth.
Paternity leave is intended for use around the time of childbirth and thus does not apply upon termination unless the termination occurs around the time of childbirth.
Paternity leave does not have end-of-year payout implications as it is tied specifically to the event of childbirth.
Paternity leave is specifically intended to allow fathers to be involved around the time of childbirth, and its timing must be coordinated accordingly.
Casual leave is usually granted for unforeseen situations or emergencies. The typical quota for casual leave is 12 days per annum for employees.
Casual leave usually does not require prior notice. However, it's advisable to inform the supervisor at the earliest convenience.
Casual leave must be approved by the immediate supervisor or the HR department, depending on the company's policy.
Additional quota for casual leave is generally not allowed; employees are encouraged to use their leave within the existing limits.
Casual leave typically accrues monthly but is available for use at the start of the year in many organizations.
Unused casual leave does not carry over to the next calendar year; it lapses at the end of each year.
There is no payout for unused casual leave upon termination of employment.
There is no payout for unused casual leave at the end of the year.
Casual leave can usually be availed in half-day increments, depending on company policy.
Eligible women are entitled to 26 weeks of maternity leave for the first two children. For the third child, the entitlement is 12 weeks.
Women are required to notify their employer of their pregnancy and expected leave at least 8 weeks before the date of expected delivery.
While maternity leave is a statutory right, formal procedures often require submitting a maternity leave application along with a medical certificate.
The maternity leave quota is fixed by law and additional leave beyond the statutory period typically requires use of other types of leave or special approval.
Maternity leave is not accrued but is a one-time entitlement per childbirth, up to two surviving children.
Maternity leave cannot be carried over as it is granted per pregnancy and must be used within the stipulated time frame around the childbirth.
Since maternity leave is to be used around the time of childbirth, it does not apply upon termination unless the termination occurs during pregnancy or the maternity leave period.
Maternity leave is specific to childbirth and does not have end-of-year payout implications.
Women on maternity leave are protected from dismissal or termination due to their absence, except on grounds unrelated to pregnancy or childbirth.
The number of public holidays granted is subject to regional laws and company policy, typically ranging from 10 to 14 days per year.
Notice periods do not apply to public holidays as these are pre-determined and known in advance.
Public holidays do not require approval as they are universally recognized and observed.
Additional public holidays are not typically granted as they are based on statutory and regional guidelines.
Public holidays do not accrue; they are fixed dates that are observed nationally or regionally.
There is no carry over of public holidays; they are specific to the calendar year.
There is no payout for public holidays upon termination as these do not constitute accrued leave.
Public holidays are not subject to end of year payout as they are designated non-working days within the calendar year.
Public holiday dates and the total number of days can vary significantly depending on the state and local government regulations.
Sick leave is granted to employees who are unable to perform their duties due to health issues. The common quota is about 12 days annually, which may vary depending on tenure and company policy.
While immediate notification is ideal, the exact time frame can vary by company. Documentation like a medical certificate may be required based on the duration of the leave.
Sick leave generally requires approval, particularly for extended periods, which may also require medical certification as proof of illness.
Additional sick leave may be granted based on medical advice and with proper documentation, subject to company policies.
Sick leave typically accrues either monthly or annually, depending on the employer's leave policy.
Carry over of unused sick leave to the next year can vary widely based on company policy, with some allowing full or partial carry over.
Unused sick leave is generally not paid out upon termination, but policies can vary by company.
Unused sick leave is typically not paid out at the end of the year.
For extended periods of sick leave, a medical certificate is often required to authenticate the need for leave.
Employees are typically entitled to 3 to 7 days of bereavement leave, depending on the closeness of the deceased relative. This leave is intended to allow employees to attend funeral services and perform related rituals.
Due to the nature of the event, bereavement leave is usually granted immediately upon notification to the employer.
While formal approval is required, bereavement leave is generally granted without dispute due to the circumstances.
The quota for bereavement leave is generally fixed and additional leave beyond this for bereavement purposes is uncommon. Employees may use other types of leave if needed.
Bereavement leave is not accrued but is available as needed per occurrence.
Bereavement leave does not carry over as it is intended to be used specifically when the relevant event occurs.
Bereavement leave is intended for specific instances and does not accumulate or warrant payout upon termination.
There is no end-of-year payout for unused bereavement leave as it does not accrue.
Bereavement leave is primarily intended for the death of immediate family members, and the exact terms and duration may vary based on the employer's policies and the employee's cultural practices.
Get a 14 days free trial for Pro plan, or go with the Basic forever free plan!