(1) Every employee who has worked for a period of not less than 240 days in a catering establishment during a calendar year shall be allowed in the subsequent calendar year, leave with wages for a number of days calculated ---
(i) in the case of an adult, at the rate of one day for every 20 days of work performed by him during the previous calendar year;
(ii) in the case of a young person, at the rate of one day for every 15 days of work performed by him during the previous calendar year.
Explanation 1. - The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at the beginning or at the end of the period of leave.
Explanation 2. - For the purpose of this sub-section --
(a) any days of lay off, by agreement or contract or as permitted under the Standing Orders of the catering establishment concerned;
(b) in the case of a female employee authorised absence for maternity purposes for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed;
shall be deemed to be days on which the employee has worked for the purpose of computation of the period of 240 days but not for earning leave.
(2) An employee whose service commences otherwise than on the first day of January shall be entitled to leave calculated in accordance with sub-section
(1), if he has worked for two thirds of the total number of days in the remainder of the calendar year.
359
(3) If an employee is discharged or dismissed from service during the course of the year, he shall be entitled to leave with wages at the rate laid down in sub-section (1) even if he has not worked for the entire period specified in subsection (1) or sub-section (2) entitling him to earn leave.
(4) In calculating leave under this section, any fraction of leave of half-aday or more shall be treated as one full day’s leave and any fraction of less than half-a-day shall be omitted.
(5) If an employee does not in any calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year;
Provided that the total number of days of leave that may be carried forward to succeeding year shall not exceed thirty in the case of an adult or forty in the case of a young person.
(6) An application by an employee for the whole or any portion of the leave allowed under sub-section (1) or sub-section (2), shall be in writing and ordinarily be made reasonably in advance of the date on which he wishes his leave to begin.
(7) If the employment of an employee who is entitled to leave under subsection (1) or sub-section (2), as the case may be, is terminated by the employer before he has taken the entire leave to which he is entitled or if having applied for leave he has not been granted such leave, or if the employee quits his employment before he has taken the leave, the employer shall pay him the amount payable under section 13 in respect of the leave not taken and such payment shall be made, where the employment of the employee is terminated by the employer, before the expiry of the second working day after such termination and where the employee quits his employment, on or before the next pay day.
(8) The leave not availed of by an employee shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.