29. Application of Chapter.— (1) The provisions of this Chapter shall not operate to the prejudice of
any rights to which a worker may be entitled under any other law or under the terms of any award,
agreement, or contract of service:
Provided that where such award, agreement or contract of service provides for a longer leave with
wages than provided in this Chapter the worker shall be entitled only to such longer leave.
Explanation.—For the purpose of this Chapter leave shall not, except as provided in section 30,
include weekly holidays or holidays for festivals or other similar occasions.
30. Annual leave with wages.—(1) Every worker shall be allowed leave with wages for a number of
days calculated at the rate of—
(a) if an adult, one day for every twenty days of work performed by him, and
(b) if a young person, one day for every fifteen days of work performed by him.
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* * * * *
1. The words “child and no” omitted by Act 17 of 2010, s. 9 (w.e.f. 7-6-2010).
2. The words “child or” omitted by s. 9, ibid. (w.e.f. 7-6-2010).
3. The words “either as a child or” omitted by s.10, ibid. (w.e.f. 7-6-2010).
4. The proviso omitted by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982).
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1
[
2
[Explanation 1].—For the purposes of calculating leave under this sub-section,—
(a) any day on which no work or less than half a day's work is performed shall not be counted;
and
(b) any day on which half or more than half a day's work is performed shall be counted as one
day.]
3
[Explanation 2.—The leave admissible under this sub-section shall be exclusive of all holidays,
whether occurring during, or at either and of the period of leave.]
(2) If a worker does not in any one period of twelve months take the whole of the leave allowed to
him under sub-section (1), any leave not taken by him shall be added to the leave to be allowed to him
under that sub-section in the succeeding period of twelve months.
(3) A worker shall cease to earn any leave under this section when the earned leave due to him
amounts to thirty days.
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[(4) If the employment of a worker who is entitled to leave under this section is terminated by the
employer before he has taken the entire leave to which he is entitled, the employer shall pay him the
amount payable under section 31 in respect of the leave not taken, and such payment shall be made before
the expiry of the second working day after such termination.]
31. Wages during leave period.— 4
[(1) For the leave allowed to a worker under section 30, he shall
be paid,—
(a) if employed wholly on a time-rate basis, at a rate equal to the daily wage payable to him
immediately before the commencement of such leave under any law or under the terms of any award,
agreement or contract of service, and
(b) in other cases, including cases where he is, during the preceding twelve calendar months, paid
partly on a time-rate basis and partly on a piece-rate basis, at the rate of the average daily wage
calculated over the preceding twelve calendar months.
Explanation.—For the purposes of clause (b) of sub-section (1), the average daily wage shall be
computed on the basis of his total full-time earnings during the preceding twelve calendar months,
exclusive of any overtime earnings or bonus, if any, but inclusive of dearness allowance.
(1A) In addition to the wages for the leave period at the rates specified in sub-section (1), a worker
shall also be paid the cash value of food and other concessions, if any, allowed to him by the employer in
addition to his daily wages unless these concessions are continued during the leave period.]
(2) A worker who has been allowed leave for 5
[any period not less than] four days in the case of an
adult and five days in the case of a young person under section 30 shall, before his leave begins, be paid
his wages for the period of the leave allowed.
1. Ins. by Act 34 of 1960, s. 6 (w.e.f. 21-11-1960).
2. The existing Explanation numbered as Explanation 1 thereof by Act 58 of 1981, s. 11 (w.e.f. 26-1-1982).
3. Ins. by s. 11. ibid. (w.e.f. 26-1-1982).
4. Subs. by Act 34 of 1960, s. 7, for sub-section (1) (w.e.f. 21-11- 1960).
5. Subs. by Act 42 of 1953, s. 4 and the Third Schedule, for "any period less than".
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32. Sickness and maternity benefits.—(1) Subject to any rules that may be made in this behalf,
every worker shall be entitled to obtain from his employer—
(a) in the case of sickness certified by a qualified medical practitioner, sickness allowance, and
(b) if a woman, in the case of confinement or expected confinement, maternity allowance, at such
rate, for such period and at such intervals as may be prescribed.
(2) The State Government may make rules regulating the payment of sickness or maternity allowance
and any such rules may specify the circumstances in which such allowance shall not be payable or shall
cease to be payable, and in framing any rules under this section the State Government shall have due
regard to the medical facilities that may be provided by the employer in any plantation.