Section 18 in Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
18. Annual leave, casual and sick leave and other holidays.
(1)Every worker shall be allowed a weekly holiday with wages:Provided that the State Government may, by notification in the Official Gazette, fix different days as weekly holiday for different classes of shops and establishments or areas.(2)Every worker shall be entitled to seven days casual leave with wages in every calendar year which shall be credited into the account of the worker in the beginning of the calendar year, but it shall lapse if the casual leave remains un-availed at the end of the year.(3)Every worker shall be entitled to seven days leave on medical grounds with wages in every calendar year which shall be credited into the account of the worker in the beginning of the calendar year, but shall lapse if un-availed at the end of the year.(4)Every worker who has worked for a period of two hundred and forty days or more in a shop or establishment 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 one day for every twenty days of work performed by him during the previous calendar year.(5)Every worker shall be permitted to accumulate earned leave up to a maximum of sixty-three days.(6)Where the employer refuses to sanction the leave which is due under sub-section (4) when applied fifteen days in advance, then the worker shall have a right to encash leave in excess of sixty-three days:Provided that, if a worker is entitled to leave other than causal and festival leave under this section, is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment on account of retirement, resignation, death or permanent disability, the employer shall pay him full wages for the period of leave due to him.(7)A worker shall be entitled to eight paid festival holidays in a calendar year, namely, the 26th January, 15th August and 2nd October and five such other festival holidays as may be agreed to between the employer and the workers before the commencement of the year. On these days, he shall be paid wages at the rate equivalent to his ordinary rate of wages excluding overtime:Provided that, the employer may require any worker to work in the shop or establishment on all or any of these days, subject to the conditions that for such work the worker shall be paid double the amount of the ordinary rate of wages and also leave on any other day in lieu of the compulsory holiday.(8)For the purpose of sub-section (4),-(a)any days of lay-off, by agreement or contract or as permissible under the model standing orders or standing orders certified under provisions of the Industrial Employment (Standing Orders) Act, 1946, (20 of 1946);(b)in the case of a woman worker, maternity leave under the provisions of the Maternity Benefits Act, 1961, (53 of 1961);(c)the leave earned in the year prior to that in which the leave is availed; or(d)the absence of the worker due to temporary disablement caused by an accident arising out of and in the course of his employment,shall be deemed to be days on which the worker has worked in the shop or establishment for the purpose of computation of the period of two hundred and forty days or more, but shall not earn leave for these days.(9)The leave admissible under sub-section (4) shall be exclusive of all holidays whether occurring during or either at the end of the period of leave.(10)Every worker shall be paid wages for the period of his leave earned under sub-sections (4) and (5) at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime.
