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[Cites 0, Cited by 10] [Section 79] [Entire Act]

Union of India - Subsection

Section 79(1) in The Factories Act, 1948

(1)Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed 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.
Explanation 1.— For the purpose of this sub-section—
(a)any days of lay off, by agreement or contract or as permissible under the standing orders;
(b)in the case of a female worker, maternity leave 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 worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.Explanation 2.-The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.