Section 26 in Jammu and Kashmir Shops and Establishments Act, 1966
26. Employee's fight for casual and privilege leave
(1) A person employed in an establishment to which this Act applies shall be entitled-(a)after every 12 months continues employment, to privilege leave for a total period of one month; and(b)in every year to casual leave for a total period not exceeding 14 days:Provided that the leave under sub-clause (a) shall not at any time accumulate for a total period exceeding 3 months;Provided further that holidays under sections 13, 18, 23 falling during the period of such leave shall be included in the leave so granted;Provided further that casual leave shall not be combined with privilege leave.(2)If an employee entitled to leave under sub-section (1) 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 27 in respect of the leave.(3)If an employee entitled to leave under sub-section (1) is refused the leave, he may give intimation to the Inspector or any other officer authorised in this behalf by the Government regarding such refusal. The Inspector shall enter such information in a register kept in such form as may be prescribed.Explanation. An employee shall be deemed to have completed a period of twelve months continuous service in an establishment not-withstanding any interruption in the service during those twelve months brought about by sickness, accident or authorised leave not exceeding ninety days in the aggregate for all three, or by a lockout or by a strike which is not an illegal strike, or by intermittent period of involuntary unemployment not exceeding thirty days in the aggregate, and authorised leave shall be deemed not to include any weekly holiday allowed under this Act which occurs at the beginning or end of an interruption brought about by the leave.
