Under the Factories Act (1934), employees who have completed 12 months of continuous service in a factory are entitled to 14 consecutive days of paid annual leave, to be taken in the following 12-month period. Any accrued, but untaken leave entitlement may be carried over to the following year – but only up to a maximum of 14 days. During leave, a worker is paid their normal daily pay (averaged over the previous three months). However, factory workers are entitled to be paid for half their leave before they commence it.
To obtain leave an employee must make a formal request to their employer. This will be responded to within one week or two days of the desired commencement of the leave. If agreed a written permit will be issued. If an employee wishes to extend their leave period whilst undertaking it they must seek written permission. If an employee does not return on an appointed date then they may be dismissed after the 8th day of absence or if they cannot give a satisfactory reason for their absence over a shorter period.
The 12-month continuous service requirement is met even if interrupted by an employee’s absence due to sickness, accident or other type of authorised leave, lawful strike or lock-out, provided that the total duration of their absence does not exceed 90 days within the qualifying period.
In addition to annual leave workers are entitled to public (festive) holidays. Every employee is allowed ten days festival holidays with full wages each year. These festival holidays must be notified to the employees by the employer in the beginning of the calendar year.
Employees are also entitled to take up to 10 days casual leave each year. This may not be taken in groups of more than 3 days and may not be carried forward into a following year.