Section 16(1) in Bihar Shops & Establishments Act, 1953
(1)Every employee who has worked for two hundred and forty days or more in an establishment during a calendar year and who has not been involved in an illegal strike, shall be allowed, during the subsequent calendar year, leave with wages for a number of days calculated at the rate of -(i)[xxx] [Clause (i) of Sub-Section (1) of Section (16) and Words 'in any other case' used in clause (iii) deleted by Act 25 of 2007.](ii)[xxx] [Clause (i) of Sub-Section (1) of Section (16) and Words 'in any other case' used in clause (iii) deleted by Act 25 of 2007.] one day for every twenty days of work performed by him during the previous calendar year.Explanation. - For the purpose of this sub-section-(a)any day of lay off, by agreement or contract or as permissible under the standing orders and any days of lock-out;(b)in the case of a female employee, 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 employee has worked in an establishment for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
