Section 12 in The Tamil Nadu Catering Establishments Act, 1958
12. Leave with wages.
(1)Every employee who has worked for a period of not less than 240 days in a catering establishment during a calendar year shall be allowed in the subsequent calendar year, leave with wages for a number of days calculated-(i)in the case of an adult, at the rate of one day for every 20 days of work performed by him during the previous calendar year;(ii)in the case of a young person, at the rate of one day for every 15 days of work performed by him during the previous calendar year.Explanation 1. - The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at the beginning or at the end of the period of leave.Explanation 2. - For the purpose of this sub-section-(a)any days of lay-off, by agreement or contract or as permitted under the standing orders of the catering establishment concerned;(b)in the case of a female employee, authorised absence for maternity purposes 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 for the purpose of computation of the period of 240 days, but not for earning leave.[(1-A) Every employee shall also be allowed in each calendar year leave with wages for a period not exceeding twelve days at the rate of one day for every month on the ground of any sickness incurred or accident sustained by him.] [Inserted by section 11(1) of the Tamil Nadu Catering Establishments (Amendment) Act, 1975 (Tamil Nadu Act 29 of 1975).](2)An employee whose service commences otherwise than on the first day of January shall be entitled to leave calculated in accordance with sub-section (1), if he has worked for two-thirds of the total number of days in the remainder of the calendar year.(3)If an employee is discharged or dismissed from service during the course of the year, he shall be entitled to leave with wages at the rate laid down in subsection (1) even if he has not worked for the entire period specified in sub-section (1) or sub-section (2) entitling him to earn leave.(4)In calculating leave under this section, any fraction of leave of half a day or more shall be treated as one full day's leave and any fraction of less than half a day shall be omitted.(5)If an employee does not in any calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year:Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed [forty in the case of an adult or fifty] [Substituted for 'thirty in the case of an adult or forty' by Tamil Nadu Act 29 of 1975.] in the case of a young person.(6)An application by an employee for the whole or any portion of the leave allowed under sub-section (1) or sub-section (2), shall be in writing and ordinarily be made reasonably in advance of the date on which he wishes his leave to begin.(7)If the employment of an employee who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the employer before he has taken the entire leave to which he is entitled or if having applied for leave he has not been granted such leave or if the employee quits his employment before he has taken the leave, the employer shall pay him the amount payable under section 13 in respect of the leave not taken and such payment shall be made, where the employment of the employee is terminated by the employer, before the expiry of the second working day after such termination and where the employee quits his employment, on or before the next pay day.[(7-A) If an employee who is entitled to leave under sub-section (1-A) is discharged by the employer when he is sick or suffering from the result of an accident, or if the employee quits his employment during such period, the employer shall pay him the amount payable under this Act in respect of the period of leave to which he was entitled at the time of such discharge or quitting in addition to the amount, if any, payable to him under sub-section (7) and such payment shall be made, where the employee is discharged by the employer, before the expiry of the second working day after such discharge and where the employee quits his employment, on or before the next payday.] [Inserted by Tamil Nadu Act 29 of 1975.](8)The leave not availed of by an employee shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
