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What are the laws around paid leave, including vacation and sick leave, in India?

10-Mar-2023
Labour & Service

Answer By law4u team

In India, the laws around paid leave, including vacation and sick leave, are governed by the Shops and Establishments Act of each state and the Minimum Wages Act, 1948. The regulations may vary depending on the state and the nature of the industry. Here are some of the key points to keep in mind regarding paid leave in India: Vacation leave: Under the Shops and Establishments Act, employees are entitled to a minimum of 12 days of paid vacation leave per year, which can be accumulated up to a maximum of 30 days. However, the exact number of vacation days may vary depending on the state and the length of service. Sick leave: Under the Shops and Establishments Act, employees are entitled to a minimum of 7 days of paid sick leave per year, which can be accumulated up to a maximum of 30 days. However, the exact number of sick leave days may vary depending on the state and the length of service. Maternity leave: Under the Maternity Benefit Act, 1961, female employees are entitled to 26 weeks of paid maternity leave, which can be availed of up to 8 weeks before the expected date of delivery. In case of miscarriage or medical termination of pregnancy, the employee is entitled to 6 weeks of paid leave. Paternity leave: Currently, there is no statutory provision for paternity leave in India. However, some companies may offer paternity leave as part of their employee benefits. Special leave: Some states may also have provisions for special leave, such as leave for attending to family emergencies or leave for participating in sports or cultural events. It is important to note that the exact number of paid leave days may vary depending on the state and the length of service. Additionally, some companies may offer more generous paid leave policies as part of their employee benefits.

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