Recently Answered Question

Barrister Naveed Khan

LLB (Cardiff)(UK)
LLM(Masters in Law, UK)
Advocate High Court
Experience: +9 years

Mr. Naveed Khan is a Barrister of the Honorable Society of Lincoln’s Inn. He has a master at Law degree in corporate commercial laws from University of Cardiff, UK. He has a diverse portfolio. Expert in Family, corporate and immigration matters.

Question:

Dear Sir, Could you please advise us on below Leave, how many leave employer can give to their employee during the year. Causal Leave Sick Leave Annual Leave Festival Leave for Non-Muslim employees Any carry forward rule in the law for the above leave Maternity Leave No of day in year - How many times during employment period Also, please advise the related Law & clause no for our reference With Kind Regards, Muhammad Naveed
03:14:05 PM - 15th Nov 2017
Annual leave are the paid leaves (also called paid time off) granted to the employees in which an employee is free to do whatever he/she wants to do for some days. According to law, every worker (except for temporary and contract worker. who has completed 12 months of continuous service has the right to be granted a fourteen (14) consecutive days’ leave in the subsequent period of 12 months. It is inclusive of weekly holidays that may occur during your leave term. The law has set the minimum level of annual leave for workers. a fourteen days’ consecutive paid annual leave is allowed under Factories Act and Shops and Establishments Ordinance Pakistan has four different laws relating that cover the issue of maternity and its related benefits. These laws are: The Mines Maternity Benefits Act, 1941 The West Pakistan Maternity Benefit Ordinance, 1958 The Provincial Employees Social Security Ordinance, 1965 The Civil Servants Act, 1973 (Revised Leave Rules, 1980) However, apart from these laws, the Constitution, under its article 37, also requires the state to ensure the maternity benefits for women in employment. Both under the Mines Maternity Benefits Act and Maternity Benefit Ordinance, every employed woman is entitled to a maximum of 12 weeks (around 3 months) of fully paid maternity leave. She can take this leave six weeks before the delivery and six weeks after the delivery. A woman on maternity leave will be paid at the rate equal to her last paid wages (i.e. if your weekly pay is PKR 2000, you will be paid by this rate and not on some reduced or higher rate). Moreover, in accordance with the above two laws, no women can be employed (by the employer knowingly of her situation) during the six weeks following the delivery of her child. You are also eligible for maternity benefit under the Provincial Employees Social Security Ordinance if contributions were paid to the social security institution in your respect for at least six months in the preceding 12 months. Every secured worker certified by a medical practitioner is entitled to paid sick leave (sickness benefit) for a period of 121 days (in a calendar year) in case of ordinary ailments and 365 days (in a calendar year) in case of Cancer or Tuberculosis. The sickness benefit for ordinary ailments (for a period of 121 days) requires the employer to pay 75% of wages last drawn while for Cancer and Tuberculosis (for a period of 365 days), a worker has to be paid 100% of last wages drawn (Different provisions in provinces). If there is an employment related injury, a worker has the right to draw 100% wages for a period of 180 days. (section 35-39 of The Provincial Employees Social Security Ordinance, 1965) 49-I. Festival Holidays. - (1) Every worker shall be allowed holidays with pay on all days declared by the Provincial Government to be festival holidays. (2) A worker may be required to work on any festival holiday but one day's additional compensatory holiday with full pay and a substitute holiday shall be allowed to him in accordance with the provisions of section 35.
03:50:57 PM - 15th Nov 2017
Sir. I am highly grateful to you for this cooperation. Thank you very much
10:49:53 AM - 17th Nov 2017
Thank you
11:41:12 AM - 17th Nov 2017