Section 35 in The Bombay 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 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 [sixty-three days] [Sub-section (1) was substituted for the original by Gujarat 11 of 1962, section 12 (i).].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 section 18, or on which he is entitled to a holiday under sub-section (1) of Section 24 or Section 31.)(1A)[ Every employee who has accumulated leave shall, when he goes on leave for a period of not less than twenty-one days, be entitled to surrender, out of the balance of leave remaining to his credit on the commencement of his leave, any period of leave, not exceeding twenty-one day; and such employee shall, for the period of leave so surrendered by him, be entitled to payment of wages as if the leave so surrendered had been allowed to him under sub-section (1):Provided that no employee shall be entitled to surrender leave under this sub-section more than once in any period of two years.(1B)In addition to the leave permissible under sub-section (1), every employee shall be entitled to leave with wages as follows(i)casual leave for seven days in a year;(ii)leave on medical grounds for not more than seven days in year, and(iii)leave for not more than four days in a year on any of the days which the State Government, may by notification in the Official Gazette, specify to be the National and Festival holidays.](2)If an employee entitled to leave under sub-section (1) [retires, resigns or] [These words were inserted by Gujarat 26 of 1977, 6 (3).] [****] [The word, brackets, figure and letter 'or (1A)' were deleted by Gujarat 1 of 1962, section 12 (iii).] 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) [***] [The word, brackets, figure and letter 'or (1A)' were deleted by Gujarat 1 of 1962, section 12 (iii).] is refused the leave, he may give intimation to the Inspector or any other officer authorised in this behalf by the [State] [This words was substituted for the words '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.
