• Sick and Casual Leaves in Telangana S&E Act

Section 30(5) of the the Telngana S&E Act reads as below -
Every employee in any establishment shall also be entitled during his first twelve months of continuous service and during every subsequent twelve months of service (a) to leave with wages for a period "not exceeding twelve days on the ground of any sickness or accident and (b) to casual leave with wages for a period not exceeding twelve days" on any reasonable ground.

The above provision says "NOT EXCEEDING" 12 days in case of sick and casual leaves. Whereas the other provisions either specify the exact number of leaves or use the term "NOT LESS THAN".

My question is does this imply and mean that an organization can give less than 12 days of sick and casual leave i.e. 6 days of casual leave and 6 days of sick leave?
Asked 4 days ago in Labour

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

7 Answers

Yes, the wording "not exceeding twelve days" in Section 30(5) of the Telangana Shops and Establishments Act suggests that the law sets a maximum limit of twelve days each for sick leave and casual leave. Therefore, an organization can indeed choose to provide fewer than twelve days for each type of leave, such as six days of casual leave and six days of sick leave, as long as the total number of such leaves provided does not exceed the specified twelve days per type annually.

This flexibility allows employers to set their own leave policies within the bounds of this maximum limit specified by the Act, meaning they can offer less than twelve days, but not more.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
322 Answers

You are entitled to 12 days of sick and casual leave 

 

you can apply for said leave 

 

employer cannot refuse to give you sick and casual leave if it is not more than 12 days 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

 

Section 30(5) of the Telangana Shops and Establishments Act uses the term "not exceeding twelve days" for sick leave and casual leave, which implies that an organisation has the discretion to provide fewer than 12 days of each type of leave. Unlike provisions in the Act that specify exact entitlements or minimum thresholds using terms like "not less than," the phrase "not exceeding" sets a maximum limit. This allows employers to decide the allocation of sick and casual leave within the ceiling of 12 days, for example, providing 6 days of sick leave and 6 days of casual leave. However, the total leave granted for sickness or casual reasons cannot exceed the stipulated 12-day limit. Organisations must ensure their leave policies align with this provision unless employment contracts, company policies, or state-level notifications mandate otherwise. To avoid disputes, employers should clearly outline their leave policies in employee handbooks, ensuring compliance with the law while considering employee welfare and market standards. For personalised assistance in drafting or reviewing leave policies, feel free to schedule a consultation

Aman Verma
Advocate, Delhi
38 Answers

Yes it means both or any leave not more than 12 days 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

an organization can provide less than twelve days of sick and casual leave, such as six days each, as the provision states not exceeding twelve days, allowing for flexibility in the number of leave days granted.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

Section 30 (5) of S and E act states that

Every employee in any establishment shall also be entitled during his first twelve months of continuous service and during every subsequent twelve months of service (a) to leave with wages for a period not exceeding twelve days on the ground of any sickness or accident and (b) to casual leave with wages for a period not exceeding twelve days on any reasonable ground.

Hence you can claim your entitlement.

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

Dear Client,

Under Section 30(5) of the Telangana Shops and Establishments Act, the phrase "not exceeding twelve days" would enable an organization to have lesser days than 12 of sick leave and casual leave put together. That is because the act has not specified the least days; only the maximum number allowed by itThat way, an employer can validly award less than 12 days-6 days, for instance, for sickness and casual leave-if so provided under the leave policy. Nevertheless, organizations customarily benchmark their leave policy around a standard set in the industries or higher benefits to obtain good employees and retain themIt would be best to refer to the specific company leave policy and ensure it is in compliance with the overall provisions of the Act for clarity. If the company leave policy gives lesser number of leaves than the industry standards, this can be addressed by employees through negotiation or grievance mechanism.

Hope you find this answer beneficial for resolving the dispute. 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer