Different Types of Leave And Calculation of wages and payment during leave or holiday period Under Bangladesh Labour Act 2006

There are Six types Leave Mention in Bangladesh Labour Act 2006, Thous are follows

1. Casual leave 

2. Sick leave

3. Annual leave with wages

4. Festival holidays

5. Weekly Holiday

6. Maternity Leave

 

 1. Casual leave :    Every worker shall be entitled to casual leave the full wages for ten days in a calendar year, and such leave shall not be accumulated and carried forward to the succeeding year. Provided that noting in this section shall apply to a worker employed in a tea plantation.

2. Sick leave : Every worker other than a newspaper worker, shall be entitled to sick leave with full wages for fourteen days in a calendar year.   

Every newspaper worker shall be entitled to sick leave with half wages for not less than one- eighteenth of the period of services.

No such leave shall be allowed unless a registered medical practitioner appointed by the employer or, if no such medical practitioner is appointed by the employer, any other registered medical practitioner, after examination, certifies that the worker is ill and requires sick leave for cure or treatment for such period as may be specified by him.

Such leave shall not be accumulated and carried forward to the succeeding year.

3. Annual leave with wages : 

1. Every adult worker, who has completed one year of continuous service in an establishment, shall be allowed during the subsequent period of twelve months leave with wages for a number of days calculated at the rate of one day-

(a)      in the case of a shop or commercial or industrial establishment or factory or road transport service, for every eighteen days of work;

(b)     in the case of tea plantation, for every twenty two days of work;

(c)      in the case of a newspaper worker, for every eleven days of work, performed by him during the previous period of twelve months.

2. Every worker, who is not an adult, who has completed one year of continuous service n an establishment, shall be allowed during the subsequent period of twelve months leave with wages for a number of days calculated at the rate of one day-

(a)     in the case of a factory, for every fifteen days of work;

(b)          in the case of a tea plantation, for every eighteen days of work;

(c)          in the case of a shop or commercial or industrial establishment, for every fourteen days of work performed by im during the previous period of twelve months.

3. A period of leave allowed under this section shall be inclusive of any holiday which may occur during such period.

4 . If a worker does not, in any period of twelve months, take the leave to which he is entitled under sub-sections (1) or (2), either in whole or in part, any such leave not taken by him shall be added to the leave to be allowed to him, in the succeeding period of twelve months.

5.  Notwithstanding anything contained in sub-section (4), an adult worker shall cease to earn any leave under this section, when the earned leave due to him amounts to-

 

(a)         in the case factory or road transport service, forty days;

(b)         in the case of a tea plantation or shop or commercial or industrial establishment, sixty days;

6.  Not with standing anything contained in subsection (4) an adolescent worker shall cease to earn any leave under this section, when the earned leave

(a     in the case of a factory or tea plantation, sixty days;

(b)        in the case of shop or commercial or industrial establishment, eighty days;

7. Any leave applied for by a worker but refused by the employer for any reason, shall be added to the credit of such worker beyond the aforesaid limit mentioned in sub-section (5) and (6).

8.  For the purpose of this section a worker shall be deemed to have completed a period of continuous service in an establishment notwithstanding any interruption in service during that period due to-

              (a)   any holiday;

(b)        any leave with wages;

(c)       any leave with or without wages due to sickness or accident;

(d)    any maternity leave not exceeding sixteen weeks;

(e)       any period of lay-off;

(f)         a strike which is legal or a lock-out which is not illegal.

4. Festival holidays : 

1. Every worker shall be allowed in a calendar year eleven days of paid festival holiday.

2. The days and dates for such festivals shall be fixed by the employer in such manner as may be prescribed.

3. A worker may be required to work on any festival holiday, but two day’s additional compensatory holidays with full pay and a substitute holiday shall be provided for him in accordance with the provisions of section 103.

Calculation of wages and payment during leave or holiday period :

1.  For the leave or holidays allowed to a worker under the provisions of this Act, he shall be paid at the rate equal to the daily average of his full time wages including dearness allowances, and ad-hoc or interim pay, if any, for the days on which he worked during the month immediately preceding this leave but excluding any overtime allowance and bonus:

Provided that if a worker in any establishment is entitled to cash equivalent of any advantage accruing from the supply of food grains, it shall be included in his wages.

 2. A worker who has been allowed annual leave for a period of not less than four days in the case of an adult and five days in the case of an adolescent, at any time, shall, in so far as it is practicable, be paid his wages for the period of the leave so allowed, before his leave begins.

Sample Leave Policy & Procedure :