Female employees are entitled to 26 weeks of fully paid maternity leave for their first two surviving children (and 12 weeks for subsequent children or adoption/surrogacy).
Leave Entitlements
Advising employers and workers on statutory leave policies, encashment, and maternity benefits.
Labour Law
Advising employers and workers on statutory leave policies, encashment, and maternity benefits.
Statutory leave requirements—including earned/privilege leave, casual leave, sick leave, maternity leave under the Maternity Benefit Act, and leave encashment—are governed by state Shops & Establishments Acts and Factories Act.
Bail & Trial assists corporate HR teams in drafting compliant leave policies and defends employers against statutory leave penalty claims, while helping workers enforce maternity benefit rights.
Statutory Leave & Maternity Law Advisory
Compliance with Maternity Benefit Act, earned leave, and encashment rules.
- Maternity Benefit Act (26 Weeks)
- Earned Leave Encashment Rules
- Shops & Establishments Compliance
Our Expertise
Our Expertise in Leave Regulations
Ensuring employer leave policies comply with state labor statutes.
Maternity Benefit Compliance
Structuring mandatory 26-week maternity leave policies.
- 26-week paid maternity leave compliance
- Creche facility mandate (50+ employees)
- Work from home options post-maternity
Leave Encashment & Policy Audit
Drafting statutory leave accumulation and encashment rules.
- Privilege leave accumulation caps
- F&F settlement leave encashment calculations
- Paternity & adoption leave policy structuring
Dispute Resolution
Handling Leave Claims
Resolving statutory leave non-compliance.
Option 01
Maternity Inspector Complaints
Defending show cause notices from Maternity Benefit Inspectors.
Option 02
F&F Leave Encashment Claims
Resolving unpaid leave encashment disputes in final settlement.
Option 03
Shops Inspector Audits
Audit representation during annual Shops & Establishments inspections.
What We Do
Services for HR Departments & Female Workforce
Complete legal guidance on statutory leave entitlements.
Maternity Policy Structuring
Structuring paid leave, medical bonus, and creche compliance.
Leave Policy Manual Drafting
Creating compliant HR leave rules for casual, sick, and privilege leave.
Adoption & Surrogacy Leave
Drafting 12-week statutory leave policies for commissioning/adoptive mothers.
Paternity & Menstrual Leave Policies
Structuring progressive voluntary company leave benefits.
Common Matters
Key Statutory Leave Rules
Core provisions under Indian leave laws.
26 Weeks Paid Maternity Leave
Applicable to women working in establishments with 10+ employees for 80 days in preceding 12 months.
Mandatory Creche Facility
Establishments with 50+ employees must provide a creche facility within prescribed distance.
Leave Encashment at Separation
Accumulated privilege leave must be encashed upon resignation or termination.
Our Process
Our Policy Audit Workflow
How we audit and structure company leave policies.
1
Employment Incident & Contract Audit
Reviewing employment agreements, HR policies, termination letters, and incident chronologies for Leave Entitlements.
2
Statutory Labour Rights Assessment
Evaluating violations under the Industrial Disputes Act, Shops & Establishments Act, and Labour Codes.
3
Formal Legal Notice & Pre-Litigation
Issuing stern statutory demand notices to enforce dues, reinstatement, or policy compliance.
4
Conciliation & Labour Authority Filings
Filing formal petitions before the Labour Officer / Conciliation Officer to initiate mediation.
5
Labour Court / Tribunal Trial
Vigorous presentation of documentary evidence, wage slips, and witness cross-examination.
6
Award Execution & Full Settlement
Securing final court awards, back-wage payouts, gratuity disbursement, and enforcement decrees.
Why Choose Us
Why Choose Us for Leave Entitlements
Expert guidance on state-specific Shops & Commercial Establishments rules.
Karnataka Law Specialization
Deep experience with Karnataka Shops and Commercial Establishments Act leave rules.
Creche & POSH Alignment
Comprehensive women employee welfare legal compliance.
Have Questions?
FAQ about Leave Entitlements
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What is the paid maternity leave entitlement under the amended Maternity Benefit Act?
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Is a creche facility mandatory for all companies in India?Every establishment employing 50 or more employees is legally required to provide a creche facility within a prescribed distance.
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Is leave encashment taxable upon resignation?Leave encashment received by non-government employees at the time of resignation or retirement is tax-exempt up to statutory limits under Section 10(10AA) of the Income Tax Act.
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What is the statutory notice period required for employee termination?Under state Shops & Commercial Establishments Acts and employment contracts, employers or employees must provide 30 days written notice or pay equivalent salary in lieu.
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How can employees resolve unpaid wage or full & final settlement disputes?Employees can issue a legal demand notice and file summary recovery applications before the Payment of Wages Authority or Labour Court under Section 33C(2) ID Act.
Book a Consultation
Book a Consultation
Speak with our legal experts for personalized advice and strategic representation.
Book an Appointment
Schedule your initial legal consultation with our team.