Updated September 9th 2024

All About Employee Leave & PTO in India

Learn what you need to know about leave requirements in India and how Justworks EOR can help you streamline hiring.

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How an EOR Can Help with Employee Leave & PTO

When hiring in India, it's important to understand minimum requirements around protected leave and annual paid holidays. Partnering with Justworks EOR can help you ensure your company's leave policies align with the expectations of Indian employees. Justworks also offers tailored guidance and support for HR tasks, saving you considerable time, resources, and effort.

Employee Leave & PTO Expectations in India

Leave laws in India can be complex and hard to understand because they vary from state to state. Here are a few to remember.

Vacation Leave

Leave accruals vary across each state in India and are governed by state-specific Shops and Establishments Acts. Employees can be entitled to approximately 30-45 days of leave which includes earned leave, casual leave, and sick leave.

Personal Leave

Personal leave depends on individual state requirements. Some states like Maharashtra and Telangana require different types of personal leave.  

Sick Leave  

Sick leave requirements also vary by state, and some states don’t require sick leave. Depending on state requirements, employees may be entitled to take five to 12 days off for sick leave.

India Leave Expectations Image

Maternity Leave

In India, maternity leave is regulated by the Maternity Benefit Act, a national regulation. Employees are entitled to six months (26 weeks) of paid leave if they have worked at least 80 days in the 12 months prior to birth. Leave can be taken eight weeks before the due date and six weeks after. The amount of maternity leave may vary depending on the number of children the employee has.

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