Annual leave – 30 days per year

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I joined a company in 2012 and am currently working in the same company. In 2014, I had taken leave for 2 months — February and March — which was my eligible leave balance from 2012 and 2013. Now I am planning to go on vacation this November, and I checked with my accountant but he says that he shall calculate my leave only for the months I worked in 2014 — that is 10 months only, excluding February and March.

As per him I will be eligible for annual leave only for the days I worked, even the days I was absent (4), he says that he shall not calculate leave on those days too as well as the vacation I took in February and March 2014. Kindly advise as per law for how may days leave should I get as I am planning to go for 2 months.(I have my leave balance for 2014 and 2015.)

Name withheld

Answer: You are entitled to 30 paid days leave every year, which means 11 months of work and 30 paid days of leave. So, if you have already worked for four years you are entitled to 120 days of paid leave for the period. The period you spend on paid leave is also part of your service and as such it must figure in the calculations for your annual. As you have not given the exact dates of your joining the company we can’t give you the exact number of days you are entitled to but we have told you — in the preceding two paras — how it must calculated. Most importantly, the actual number of days that you can go on leave each year is 34 because the weekly off days are not counted in the “30 days paid leave”.

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