Section 79 of FA, 1948 : Section 79: Annual Leave With Wages

Explanation using Example

Imagine that Rita is a worker in a factory in Maharashtra. She has been working there for the entire year of 2022. In 2023, Rita wants to take a vacation. According to Section 79 of The Factories Act, 1948, since she has worked for more than 240 days in the previous year, she is entitled to annual leave with wages.

However, because she works in Maharashtra, where a state amendment has reduced the required number of days worked to 90 days, she is well within her rights to claim this leave. Rita calculates her leave entitlement and finds that as an adult, she is eligible for one day of leave for every twenty days she worked in 2022.

She has not taken any leave in 2022, and thus, assuming she worked 300 days, she is now entitled to 15 days of paid leave for the year 2023. Rita submits her leave application in writing to the manager, following the factory's leave scheme, at least fifteen days before her intended vacation. Her leave is granted, and she enjoys her well-earned break without any loss of wages.