4 [(1) For the leave allowed to a worker under section 30, he shall be paid,—
(a) if employed wholly on a time-rate basis, at a rate equal to the daily wage payable to him immediately before the commencement of such leave under any law or under the terms of any award, agreement or contract of service, and
(b) in other cases, including cases where he is, during the preceding twelve calendar months, paid partly on a time-rate basis and partly on a piece-rate basis, at the rate of the average daily wage calculated over the preceding twelve calendar months.
Explanation.—For the purposes of clause (b) of sub-section (1), the average daily wage shall be computed on the basis of his total full-time earnings during the preceding twelve calendar months, exclusive of any overtime earnings or bonus, if any, but inclusive of dearness allowance.
(1A) In addition to the wages for the leave period at the rates specified in sub-section (1), a worker shall also be paid the cash value of food and other concessions, if any, allowed to him by the employer in addition to his daily wages unless these concessions are continued during the leave period.]
(2) A worker who has been allowed leave for 5 [any period not less than] four days in the case of an adult and five days in the case of a young person under section 30 shall, before his leave begins, be paid his wages for the period of the leave allowed.
1. Ins. by Act 34 of 1960, s. 6 (w.e.f. 21-11-1960).
2. The existing Explanation numbered as Explanation 1 thereof by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982).
3. Ins. by s. 11. ibid. (w.e.f. 26-1-1982).
4. Subs. by Act 34 of 1960, s. 7, for sub-section (1) (w.e.f. 21-11- 1960).
5. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for "any period less than".
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