(1) Every employee in an establishment shall be entitled after twelve months continuous service in that establishment to privilege leave with wages for a period of 16 days in the subsequent period of twelve months, provided that such privilege leave with wages may be accumulated upto maximum period of 30 days.
(2) Every employee in an establishment shall also be entitled during every twelve months of continuous service to medical leave with wages for a period not exceeding twelve days on the ground of any sickness incurred or accident sustained by him and to casual leave with wages, for a period not exceeding twelve days on any reasonable ground.
(3) If an employee entitled to any leave under sub-section (1) is discharged by his employer before he has been allowed the leave, or if having applied for and been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under this Act in respect of the leave.
(4) If an employee entitled to any leave under sub-section (2) is discharged by his employer when he is sick or suffering from the result of an accident, the employer shall pay him the amount payable under this Act, in respect of the period of the leave to which he is entitled at the time of his discharge, in addition to the amount, if any, payable to him under sub-section (3).
(5) An employee shall be deemed to have completed a period of twelve months, continuous service within the meaning of this section, notwithstanding any interruption in service, securing those twelve months brought about (a) by sickness. accident, or authorised leave (including authorised holidays and weekly holiday), not exceeding ninety days in the aggregate for all three, or (b) by a lock out, or (c) by a strike, which is not an illegal strike; or (d) by intermittent periods of involuntary unemployment not exceeding thirty days in the aggregate, and authorised leave shall be deemed not to include any weekly holidays allowed under this Act which occurs at the beginning or and of an interruption brought about by the leave.
Wages during leave period
14. For the leave allowed to him under section 13, an employee shall be paid at the rate equal to the daily average of his total full time earning exclusive of any overtime earning and bonus, but inclusive of dearness allowance and the cash equivalent of any advantage accruing by the supply of meals and by the sale by the employer of food grains and other articles at concessional rates for the days on which he worked during the month immediately preceding his leave.
Power of Inspector to act for employees
15. Any Inspector may institution proceedings on behalf of any employee to recover any sum required to be paid an employee under this chapter which the employer has not paid.
Power to exempt establishment
16. Where the Government are satisfied that the leave rules applicable to employees in an establishment provide benefits which in its opinion are not less favourable than those for which chapter makes provisions it may, by written order, exempt the establishment from all or any of the provisions of this chapter, subject to such conditions as may be specified in the order.
Chapter IV WAGES Application and amendments of the payments of Wages Act