Leaves Under Labour Laws

Entitled Leaves 

A workman is entitled of following types of leaves:

Casual Leave

Under Khyber Pakhtunkhwa Factories Act 2013, Sindh Factories Act 2015 and Factories Act 1934 as adopted by Punjab through Factories (amendment) Act 2012, every worker is entitled to ten casual leave with full pay in a year.

Under Khyber Pakhtunkhwa Shops and Establishments Act 2015, Sindh Shops and Commercial Establishments Act 2015 and Punjab Shops and Establishments Ordinance 1969, every employee is entitled to ten casual leaves in a year with full pay however generally more than three casual leaves are not granted at a time. These leaves shall not be accumulated.

Ordinarily prior sanction is required to avail casual leave otherwise it is desired that employee shall intimate his employer about his absence as soon as practically possible. 

Sick Leave

Under Khyber Pakhtunkhwa Factories Act 2013 and Factories Act 1934 as adopted by Punjab through Factories (amendment) Act 2012, every worker is entitled to sixteen sick leaves in a year on half average pay.

Under Sindh Factories Act 2015, sixteen sick leaves in a year are allowed with full pay.

 Though it’s not mandatory but employer can ask a worker to submit medical certificate stating the cause of inability to perform duty. Medical Certificate shall be obtained from factory doctor if worker living in colony attached to factory and medical facility is provided by employer. 

Under Khyber Pakhtunkhwa Shops and Establishments Act 2015, Sindh Shops and Commercial Establishments Act 2015 and Punjab Shops and Establishments Ordinance 1969, every employee is entitled to eight sick leaves in a year with full pay. These leaves can be carried forward if not availed by any employee however accumulation shall not exceed sixteen days at any one time.

Annual Leaves

Under Khyber Pakhtunkhwa Factories Act 2013 and Factories Act 1934 as adopted by Punjab through Factories (amendment) Act 2012 and Sindh Factories Act 2015, every worker who has completed a period of twelve months continuous service in a factory is entitled to holidays of fourteen consecutive days during the subsequent period of twelve months.

If these leaves are not availed by worker then can be carried forward but up to fourteen days only. Annual leaves can be encashed only in case of separation from employment

 Under Khyber Pakhtunkhwa Shops and Establishments Act 2015, Sindh Shops and Commercial Establishments Act 2015 and Punjab Shops and Establishments Ordinance 1969, every employee is entitled to fourteen days annual leave upon completion of twelve months continuous employment.

These annual leaves can be accumulated up to thirty days and not availed leaves can be encashed on request of an employee.

Festival Holidays

Festival holidays having religious and national significance are generally announced by government through gazette notification in the beginning of a year and some holidays are announced during the year.

Worker are allowed to avail festival holidays however if a workman required to perform duty on festival holiday he will be allowed compensatory leave and substitute leave.

Workers are given an option to receive payment in lieu of compensatory leaves.

Weekly Holiday

Every person employed in any establishment is allowed one day holiday in each week. Employer shall intimate prescribed authority in this respect.

 Maternity Leaves

Woman worker who has completed four months service is entitled for twelve weeks maternity benefits. Employer shall permit the woman to absent herself from the duty until six weeks after the day of delivery.

Maternity benefit ordinance 1958 is equally applicable to woman either employed in management or non-management cadre.

Maternity benefits are also permissible under Social Security Ordinance 1965 to a secured woman.

Iddat

Leaves for the period of Iddat are allowed to a secured woman under Social Security Ordinance 1965.

Substitute leave

If a worker is required to perform duty on off day then he will be allowed a holiday on one of the three days immediately before or after that off day. 

Compensatory Leave

Workers are entitled to compensatory leave against working on holiday. The employer is liable to allow compensatory holidays as soon as circumstances permit.

 In province of Sindh Standing Order 9 of the Sindh Terms of Employment (Standing Orders) Act 2015 also regulates the annual holidays, festival holidays, casual leave and sick leave as provided in Factories Act 1934, and maternity leaves as defined in Maternity Benefits Ordinance 1958 and other holidays in accordance with the law, contract, custom and usage in establishments where ten or more workers are employed.

In other provinces standing order 8 of the Industrial & Commercial Employment (Standing Orders) Ordinance 1968 also regulates the annual holidays, festival holidays, casual leave and sick leave as provided in Factories Act 1934 and other holidays in accordance with the law, contract, custom and usage in establishments where twenty or more workers are employed

Leaves in Seasonal Factories

Under Baluchistan factories rules 1978 and Khyber Pakhtunkhwa factories rules 1975, workers in seasonal factories are allowed 50% of all types of leaves as provided for other factories in factories act.