Instruction for Workers Regarding Leave with Wages
(Chapter VIII of Maharashtra Factories Rules of 1963)
Rules 105-113 Prescribed under Section 80 (3) and 83
Every worker who have worked for a period of 90 days or more in factory during a calendar year shall be allow during the subsequent calendar year leave with wages for a number of days calculated at the rate of -
(i) If an adult one day for every twenty days of work performed by him during the previous calendar year.
(ii) If a child, one day for every fifteen days of work performed by him during the previous calendar year.
2. This leave can be carried forward up to a maximum of 30 days for adults and 40 days in the case of a child.
3. If your service is terminated by the factory during the course of the year, you will be entitled for wages in lieu of leave at the above mentioned rate.
4. If you want leave with wages, you must apply to the Manager not less than fifteen full working days before the date on which you wish your leave to being and you must specify in such application whether you want to take all leave or any portion there of allowable to you under the provisions of section 79 (1) and section 79 (2) of the Factories Act 1948. You can not take your leave in not more than three installments.
For leave allowed to you under section 79, you will be paid at a rate equal to the daily average of your total full time earning, exclusive of overtime earning and bonus, but inclusive of dearness allowance and cash equivalent of any advantages accruing by the sale, by the employer, of food grains and other articles at the concessional rates for the day on which you have worked during the month immediately preceding your leave.
If you are allowed leave for not less than four days before your leave begins, you will be paid wages due for period or the leave allowed