Leave policy guide

India

Complete guide to India employee leave entitlements including earned leave, casual leave, sick leave, and 26 weeks maternity leave.

15

Annual leave

3

Public holidays

country

Location type

2025-01-15

Reviewed

Legal framework

Primary legislation

Shops and Establishments Acts (state-specific), Factories Act 1948, Maternity Benefit Act

Governing body

Ministry of Labour and Employment

Last updated

2025-01-01

Official source

Entitlements overview

Annual leave

Statutory entitlement: 15

Calculation: 1 day per 20 days worked (Factories Act). Shops & Establishments: varies by state.

Pro-rata: Earned leave based on days worked

Carryover: Can accumulate up to 30 days (varies by state)

Sick leave

Statutory: Yes

Paid days: 12

Statutory pay: Full pay (typically)

Eligibility: Varies by state legislation

Parental leave

Maternity: 26 weeks

Paternity: No statutory paternity leave

Adoption: 12 weeks

Additional leave and compliance

Other leave types

Casual Leave: 7-12 days per year (varies by state) (paid)

Bereavement Leave: Per company policy (paid)

Record keeping and notice

Records: Maintain registers as per applicable acts

Penalties: Fines and imprisonment for non-compliance

Public holiday sample

Republic Day: 2025-01-26

Independence Day: 2025-08-15

Gandhi Jayanti: 2025-10-02

Frequently asked questions

How does leave work in India?

Leave in India is governed by state-specific Shops & Establishments Acts and Factories Act. Typically: Earned Leave (15 days), Casual Leave (7-12 days), Sick Leave (7-12 days). Actual entitlements vary by state.

What is maternity leave in India?

26 weeks of paid maternity leave for first two children under the Maternity Benefit Act. The third child onwards gets 12 weeks.