The service conditions of an employee is regulated by various labour laws - Factories Act, Shops & Establishment Act; employment conditions as agreed with the employees in the Employee Standing Order, Collective Bargaining Agreement;and employment terms and conditions as agreed in the employment contract. Further, there are industry specific labour laws for certain types of employees - dock workers, working journalists which lay down the leave entitlements for those employees.
It is important for you to understand which law is relevant for you to determine your statutory leave entitlement. Unless there is any industry specific labour law, generally, employees working in the trading/service industry fall under Shops & Establishment Act and those in the manufacturing sector fall under the Factories Act. Each State and Union Territory (UT) in India have their own leave rules. Many companies which operate in multiple states/UTs do not have state specific leave policy. In case the leave policy is less beneficial that the state mandated leaves, then the employee is entitled to the additional leaves as provided by the State/UT regulations. The different types of leaves provided by these laws are earned leaves (EL), Casual leave(CL) and sick leave (SL).
Q. Is there any additional leave that is available for employees who test positive for COVID?
Many states have notified that employees who are undergoing treatment for COVID will be given 28 days of additional leave. This will be in addition to their existing leave entitlement.
Q. Can my employer adjust my earned leave if I am not able to work due to the lockdown?
No, your employer cannot adjust your earned leaves during the lockdown as the employee will be deemed on duty during the lockdown as per the guidance by the Centre and various states.
Disclaimer: The above is for guidance purpose only. Consult a qualified legal practitioner for legal opinion.
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