Section 35 in The Maharashtra Shops and Establishments Act, 1948
35. Leave.
- [(1) (a) Subject to the provisions of clause (b), every employee who has been employed for not less than three months in any year, shall for every 60 days on which he has worked during the year be allowed leave, consecutive or otherwise, for a period of not more than five days;(b)every employee who has worked for not less than two hundred and forty days during a year [irrespective of the date of commencement of his service] shall be allowed leave, consecutive or otherwise, for a period of not less than twenty-one days:Provided that such leave may be accumulated up to a maximum period of forty-two days.Explanation. - The leave allowed to an employee under clauses (a) and (b) shall be inclusive of the day or days during the period of such leave, on which a shop, or commercial establishment remains closed under sub-section (1) of section 18, or on which he is entitled to a holiday under sub-section (1) of section 24 or section 31.] [Substituted by Maharashtra 26 of 1961, Section 13.](1A)[* * * *] [Sub-section (1A) was deleted by Maharashtra 35 of 1986, Section 3(b).](2)If an employee entitled to leave under sub-section (1) [or (1A)] [Inserted by Bombay 28 of 1952, Section 13(2).] 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 before he has been allowed the leave, the employer shall pay him the amount payable under section 36 in respect of the leave.(3)If an employee entitled to leave under sub-section (1) [or (1A)] [Inserted by Bombay 28 of 1952, Section 13(2).] is refused the leave, he may give intimation to the Inspector or any other officer authorised in this behalf by the [State] [This word was Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government regarding such refusal. The Inspector shall enter such intimation in a register kept in such form as may be prescribed. [The employee shall also send a copy of such intimation to his employer and, thereupon, the employee shall be entitled to carry forward the unavailed leave without any limit.] [Inserted by Maharashtra 64 of 1977, Section 13(b).](4)[ Notwithstanding anything contained in this section, every employee, irrespective of his period of employment, shall be entitled to additional holiday on the 26th January, [1st May, 15th August and 2nd October] [Added by 64 of 1977, Section 13(c).] every year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls:Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the condition that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.]
