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Paid time off in India

With India’s complex and diverse labour laws, it is crucial to comply with regulations, especially concerning paid time off and leave benefits. Beyond compliance, understanding and staying updated with these regulations reflects your commitment to fostering a positive work environment that values employees’ rights and well-being.

The scope of paid time off in India encompasses casual leave, sick leave, and earned leave, among others. These entitlements vary depending on the work, company size, and state of operation.

In this detailed guide, we’ll provide everything you need to know about the paid time off and leave entitlement policy in India, including maternity and paternity leave and other types of non-statutory leave that you can offer to your employees that can help you craft a competitive compensation package.

Leave policy in India

Annual leave policy in India

The Indian leave policy grants employees a minimum of 15 days of paid holiday annually, contingent upon the completion of 240 days of employment within your organisation. It is, however, a widely adopted practice to offer additional leave days beyond this statutory requirement. Such flexibility not only enhances employee satisfaction but also positions your organisation as a preferred employer.

The annual leave policy in India is governed by the Factories Act of 1948. Employees who are 18 years old and above, known as adult employees, are eligible for annual leave with wages, earning one day of leave for every 20 days they worked in the previous calendar year. Meanwhile, young employees, defined as those under the age of 18, are entitled to one day of leave for every 15 days they have worked.

Meanwhile, the Shops and Establishment Act, applicable to employees in commercial establishments, mandates different leave benefits depending on the state but generally includes provisions for annual leave, casual leave, and sick leave.

Medical leave policy in India

The medical leave policy for employees is governed by various acts depending on the nature of the employment and the sector.

The Apprentices Act allows individuals appointed as apprentices to accumulate up to 40 days of medical leave, with a maximum of 15 days per year.

For employees covered under the Plantation Labour Act, 1951, the sick leave entitlement is in accordance with company policies.

Moreover, companies in India often have their own sick and medical leave policies, which can include provisions aligned with the Earned Leave rules under the Factories Act of 1948. This act provisionally allows for 1 day of paid sick leave for every 20 days worked, capping at 18 days annually.

Sick leave policy in India

Employees in continuous service for a minimum of three months are eligible for 15 days of paid sick leave annually and are required to submit a medical certificate within 48 hours following the onset of their illness.

The government sets the compensation for this leave at 70% of the employee’s usual daily wage. In private sector companies, it is the responsibility of the employers to cover this cost, with no option for reimbursement from the government.

For factory workers, no distinct sick leave category exists; they must utilise their allocated annual leave for any health-related or casual absences.

Presently, there are no specific guidelines for providing paid sick leave in situations requiring extended absences or for injuries sustained while working. Under such circumstances, unpaid leave is provided at the employer’s discretion, underscoring the importance of employer flexibility and support for their workforce’s health needs.

Marriage leave policy in India

There is no standardised legal requirement for marriage leave applicable to all employees. Generally, employees can use their vacation or casual leave for this purpose. Companies looking to hire talent in India must keep in mind that employees typically take 3–15 days for this special occasion. However, the grant of marriage leave depends on the company’s discretion and its leave policy.

While marriage leave is common in India, its duration and conditions can differ significantly from one organisation to another. Employees usually need to apply in advance and provide relevant proof, such as a wedding invitation, to avail themselves of this leave.

Bereavement leave policy in India

In India, there are no specific laws mandating bereavement leave for employees. Companies can create their own policies for bereavement leave, and these policies may include leaves for situations like the death of an immediate family member or a pet. The details of such leave, including its duration and eligibility, are determined by individual company policy and may vary widely across different organisations.

While some companies may offer a set number of bereavement leave days, others may address it on a case-by-case basis. Generally, policies may specify the payment status of the leave, the employee’s relationship to the deceased, and any required documentation.

Leave policy for private companies in India

The leave policy for private companies in India incorporates both labour laws and market practices to formulate employee leave entitlements. While labour laws establish a baseline for minimum leave entitlements, many companies go beyond these stipulations as part of their commitment to employee welfare and to stay competitive in the job market. The common types of leaves include earned leave, casual leave, sick leave, and maternity leave, among others.

Maternity, paternity, and parental leave in India

Maternity leave policy in India

The Maternity Benefit Act of 1961, as amended in 2017, has set a clear and considerate framework to support working women during the significant life event of childbirth. Businesses in India must ensure their maternity leave policy aligns with the Act.

Under the amended Act, eligible female employees are entitled to their full daily wages for a duration of 26 weeks. This paid maternity leave is only applicable for the first two children. For the third child, the paid maternity leave duration is 12 weeks.

Adoptive mothers and commissioning mothers (in the case of surrogacy) are also entitled to 12 weeks of paid maternity leave from the date the child is handed over.

One of the significant features of India’s maternity leave policy is the inclusion of a work-from-home provision post-maternity leave, subject to the nature of work and mutual agreement between the employer and the employee.

It is mandated that no female employee shall undertake work for a period of six weeks following the birth of her child or a miscarriage. Eligibility for this entitlement requires the employee to have served the company for a minimum of 80 days within the 12 months immediately prior to the anticipated delivery date.

Paternity leave in India

In India, there is currently no national policy that mandates paid paternity leave across all sectors.

Paternity leave policies allow fathers to take paid time off work following the birth (or adoption) of a child. The duration and the terms of this leave can vary based on the employer’s internal policies for private companies, while certain government employees are entitled to paid paternity leave as per the guidelines issued for them.

For instance, central government employees are entitled to 15 days of paid paternity leave, which can be availed either before or within six months from the date of the child’s birth. However, this provision is restricted to the first two children.

Given the diverse corporate culture in India, some progressive private companies have started to offer paid paternity leave, understanding its benefits for employee well-being. The duration and specifics, however, greatly depend on the company’s individual policy.

Parental leave in India

While there are no statutory laws specifically mandating general parental leave, modern and progressive companies in India’s private sector, recognising the importance of supporting working parents, often go beyond these legal requirements to establish their own comprehensive parental leave policies. These policies not only extend the duration but sometimes also include flexibility in leave usage, which can be a key factor in retaining talent and maintaining employee satisfaction.

For companies striving to be preferred employers, it is recommended to adopt parental leave policies that support both mothers and fathers. This facilitates a supportive work environment and directly contributes to increased employee loyalty and satisfaction. Such policies are seen as progressive and can significantly enhance the company’s reputation, making it an attractive place to work.

Adoption leave in India

The adoption leave policy in India provides 12 weeks of maternity leave benefits to employees who officially adopt an infant under three months old, as well as commissioning mothers who participate in the IVF process by contributing their own eggs. This provision is intended to foster an environment of support and care for the new mother and child during the critical early stages of development.

In addition, businesses that have a workforce of 50 or more individuals are required to establish a crèche (day care centre) facility within a reasonable distance. This could be a standalone setup within the prescribed distance or a shared amenity.

It is important to take note that employers should allow the employee four visits throughout each working day to the crèche (daycare centre). These visits should be well-integrated with the rest periods already provided to the employee, thereby offering convenience, and lessening any potential stress related to childcare during work hours.

Other types of leave in India

In the competitive Indian job market, companies strive to distinguish themselves by offering different types of non-statutory employee leave beyond the minimum legal requirements. These benefits often play a pivotal role in attracting, retaining, and nurturing a productive workforce. The most common types of non-statutory employee leave are:

Education/study leave in India

Organisations may provide education leave to employees wishing to pursue higher education or specific courses to enhance their professional skills. Such leave could be either paid or unpaid and usually requires the employee to render a certain period of service following their educational pursuits.

Work from home (WFH) days in India

WFH days are becoming increasingly common and are offered by many companies as an alternative to traditional leave. This allows employees to manage personal responsibilities while still being engaged with work, promoting work-life balance.

Birthday leave in India

Some companies, focusing on personal well-being and joy, allow employees to take a day off on their birthdays. This gesture enhances the sense of belonging and appreciation among employees.

Compassionate leave in India

In times of family emergencies, such as a critical illness of a family member, compassionate leave is an empathetic gesture by employers to facilitate employees’ presence where they are most needed, without the added stress of work obligations.

Sabbatical leave in India

To encourage continuous learning and prevent burnout, progressive companies offer sabbatical leave. Typically, this type of leave is available to long-tenured employees, which can be used for personal development, pursuing academic goals, or simply rejuvenating. Offering sabbatical leave to tenured employees can significantly boost morale and employee satisfaction.

Volunteering leave in India

Some companies encourage community service by providing volunteer leave, allowing employees to take time off to contribute to social causes or participate in corporate social responsibility (CSR) activities

Public holidays in India

Public holidays in India, often referred to as government holidays, comprise a diverse array of cultural, nationalistic, and religious holidays. These holidays are legislated at both the union and state levels, meaning there can be considerable variation in public holidays across different states.

Typically, public holidays in India include national holidays like Independence Day, Republic Day, and Mahatma Gandhi’s birthday, as well as a variety of other festivals and commemorative days that reflect the country’s rich cultural and religious diversity.

The public holiday policy in India ensures that employees across sectors get to observe these holidays, although the exact number and dates of holidays can vary depending on the state and the employer. Some holidays are observed nationwide, while others may be specific to certain states or regions, depending on local cultural and religious significance.

1 January
New Year’s Day
January 26
Republic Day
March 25
Holi
May 1
Labour Day
August 15
Independence Day
October 2
Mahatma Gandhi Jayanti
November 1
Diwali
December 25
Christmas

Employees can choose any two from the below list (one holiday from Group 1 and one from Group 2)

Group 1

January 15
Makar Sankranti
March 29
Good Friday
April 10
Id-ul-Fitr**
May 23
Buddha Purnima
June 17
Eid-al-Adha**

Group 2

July 17
Muharram
August 19
Raksha Bandhan
August 26
Raksha Bandhan
November 15
Guru Nanak Jayanti

Gain a competitive edge with CXC

With India’s dynamic job market, creating attractive compensation packages that go beyond the basic leave requirements and entitlements can help companies stand out in the competition. However, keeping track of the regulatory changes and aligning them with your policies can be quite a challenge.

This is where CXC steps in. When you partner with CXC to hire workers, we take on the responsibility of making sure all your worker engagements comply with the full range of employment laws, both within India and internationally. This guarantees that your employees receive all the benefits they’re supposed to, keeping them happy and productive. At the same time, your business stays secure and protected against any compliance risks.

Let’s simplify how you manage your global workforce with our Employer of Record (EoR) solution. Our expert team is here to guide you through the complexities of employment compliance and benefits administration, allowing your business to focus on what it does best.

Compliantly hire employees anywhere with CXC

With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.

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