Section 10 in The U.P. Dookan Aur Vanijya Adhishthan Niyamavali, 1963
10. Earned leave [Section 10].
- (i) Earned Leave -(a)Every application for earn leave shall be made in writing and in case of leave for more than three consecutive days shall ordinarily be made at least seven days before the date from which leave is required. An application for leave for three days or less shall ordinarily be made at least twenty-four hours before the date from which leave is required :Provided that earned leave shall not be taken more than three times in a year.(b)The earned leave applied for, may be refused by the employer on grounds of exigency of work and reasons for giving refusal shall be recorded in writing and communicated to the employee concerned.(c)The order on an application, either accepting or refusing earned leave shall be passed and communicated to the employee before the date from which leave has been applied for.(d)Every application for earned leave and the orders of the employer passed thereon shall be retained by the employer for a period of not less than three years.(e)The employer shall at the close of every year, communicate in writing to the employee, on demand made by him, the account of his earned leave including leave carried forward from the previous year, the leave earned during the year, the leave availed during the year and the leave to be carried forward to the next year.(ii)Sickness leave :No application from an employee for sickness leave, in accordance with the provisions of sub-section (2) of Section 10 shall be refused, but if in any case the employer is not satisfied the truth of the assertion set out therein, the employer may require it to be supported by a certificate from a registered medical practitioner recommending the leave applied for.(iii)Sickness leave :(a)Every application from an employee for casual leave shall be in writing. The employer shall record his orders on all such applications and shall retain them for at least one year.(b)Ordinarily no application for casual leave for one day in any month, if due, shall be refused by the employer. Where, however, an employee has rendered more than one month's service in any calendar year, he may apply for a part or the whole of the casual leave due to him, provided that such leave does not exceed one day for every month of service rendered by him in that calendar year.(c)An employer may after recording his reasons in writing refuse an application for casual leave from an employee on grounds of exceptional pressure of work requiring his attendance on the day or days in respect of which casual leave has been asked for:Provided that leave shall not be refused where it has been asked for on account of accident, physical injury to the employee, death in the family or sickness of the employee, his wife or child.(d)Where an application has been made on grounds of physical injury or sickness of the employee, his wife or child, and employer may get the employee, his wife or child of the employee, as the case may be, examined at his (employer's) own expense by a registered medical practitioner for the purpose of verifying the facts mentioned in the application for leave and may grant or reject the application on the basis of the certificate of such medical practitioner.(e)The medical certificate shall be retained by employer for at least one year.(f)Where an application for casual leave is refused by an employer under clause (c) the employer shall, therefore, grant equivalent leave to the employee in the same calendar year.(g)Any casual leave, not applied for, by any employee during a calender year, shall lapse.
