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Apprentices Act

Section:15(3), Rule 13 :Leave Entitlements for Apprentices

Obligation : If proper leave rules do not exist or permit less than 37 days of total leave in a year, allow apprentices leave entitlement as under the Apprentices Act

Type:Preventive Compliance Frequency: Half Yearly

Action to be taken:
If proper leave rules exist in an establishment and permit at least 37 days of total leave of all types in a year, then these leave rules shall apply to apprentices, else allow all apprentices a minimum of
a) Casual Leave of 12 days in a year
b) Medical Leave of 15 days a Year
c) Extraordinary Leave of upto 10 days a Year.
d) Maternity Leave of 90 days from the date of commencement of maternity for female apprentices with one surviving child without payment of stipend

Casual Leave lapses at the end of the year, does not include intervening holidays, cannot be combined with medical leave and requires prior sanction except in emergencies.
Medical Leave can be accumulated upto 40 days, includes intervening holidays, requires a medical certificate if it is requested or the leave exceeds 6 days and permits the employer to arrange for a special medical examination.
Where maternity lave is taken, the training period shall be extended accordingly and monthly stipend shall be paid to the apprentice.
Grant of leave is subject to certain minimum attendance conditions detailed in Section 13(2) of the Apprentice Rules.

Audit Requirement:
Are all apprentices permitted leave entitlements under the Apprentices Act ?

Supporting Documents:
Details of leave entitlements offered to apprentices.

Related Triggers:
Apprentices - Order To Hire Apprentices
Leave Application From Employee

Related Keywords:
Apprentices
Conditions of Service
Leave/Leave Policies For Employees

Related Sections:
Apprentices Act, 1961
Chapter:Chapter II: Apprentices and Their Training| 15:Hours of work, overtime, leave and holidays.:
(1) The weekly and daily hours of work of an apprentice while undergoing practical training in a workshop shall be such as may be prescribed.

(2) No apprentice shall be required or allowed to work overtime except with the approval of the Apprenticeship Adviser who shall not grant such approval unless he is satisfied that such overtime is in the interest of the training of the apprentice or in the public interest.

(3) An apprentice shall be entitled to such leave as may be prescribed and to such holidays as are observed in the establishment in which he is undergoing training.
Apprenticeship Rules, 1992
13:Grant of Leave to Apprentices:
(1) In establishments where proper leave rules do not exist or the total leave of different types, admissible to their workers is less than thirty seven days in a year, the apprentice shall be entitle to the following kinds of leave and subject to the conditions specified under each kind of leave.

(a) CASUAL LEAVE:
(i) Casual leave shall be admissible for a maximum period of twelve days in a year.
(ii) Any holiday intervening during the period of casual leave shall not be counted for the purpose of the limit of twelve days.
(iii) Causal leave not utilised during any years shall stand lapsed at the end of the year.
(iv) Casual leave shall not be combined with medical leave . If casual leave is proceeded or followed by medical leave, the entire leave taken shall be treated either as medical or casual leave, provided that it shall not be allowed to exceed the maximum period prescribed in respect of medical or casual leave, as the case may be .
(v) Except in case of extreme urgency applications for such leave shall be made to the appropriate authority and sanction obtained prior to availing of leave.

(b) MEDICAL LEAVE:
(i) Medical leave up to fifteen days for each year of training may be granted to the apprentice who is unable to attend duty owing to illness. The unused leave shall be allowed to accumulate up to a maximum of forty days.
(ii) Any holiday intervening during the period of medical leave shall be treated as medical leave and accounted for in the limits prescribed under clause (i) above.
(iii) The employer may call upon the apprentice to produce a medical certificate from a registered medical practitioner in support of his medical leave. A medical certificate shall, however, be necessary if the leave exceeds six days.
(iv) It shall be open to the employer to arrange a special medical examination of an apprentice if he has reason to believe that the apprentice is not really ill or the illness is not of such a nature as to prevent attendance.
(v) A female apprentice with one surviving child may be granted maternity leave for a period of 90 days from the date of its commencement without payment of stipend and the apprenticeship training period, shall be extended accordingly. The monthly stipend shall be paid to the apprentice during such extended period.

(c) EXTRAORDINARY LEAVE:
(i) Extraordinary leave up to a maximum of ten days or more in a year may be granted to the apprentice, after he has exhausted the entire casual and medical leave, if the employer is satisfied with the genuineness of the ground, on which the leave is applied for.

(2) In establishments where proper leave rules exist for workers, the leave to apprentices shall be granted by the employers in accordance with those rules:
Provided that in the case of trade apprentices grant of such leave shall be subject to the following conditions, namely:-

(a) that every apprentice engaged in an establishment which works for five days in a week (with a total of 45 hours per week) shall put in a minimum attendance of 200 days is a year out of which one-sixth, namely 33 days shall be devoted to related instructions and 167 days to practical training;

(b) that every apprentice engaged in an establishment which works for 5 1/2 days or six days in a week shall put in minimum attendance of 240 days in a year, out of which one-sixth, namely 40 days shall be devoted to related instructions and 200 days to practical training;

(c) an apprentice who for any reason is not able to undergo training for the period specified in clause (a) or clause (b), shall be given an opportunity to make up for the shortfall in the following year and shall be eligible to take the test conducted by National Council-

(i) if he is engaged in an establishment referred to in clause (a) only if he has completed the period of training and has put in minimum attendance of 600 days or 800 days accordingly as the period of training is three years or four years;
(ii) if he is engaged in an establishment referred to in clause (b) only if he has completed the period of training and has put in a minimum attendance of 720 days or 900 days accordingly as the period of training is three years or four years.

(3) If the trade apprentice is not able to put in the minimum period of attendance specified in clause (c) of the proviso to sub-rule (2) during the period of training for circumstances beyond his control and the employer is satisfied with the grounds for shortfall in attendance and certifies that the apprentice has otherwise completed the full apprenticeship course he shall be considered as having completed the full period of training and shall be eligible to take the test conducted by the National Council.

(4) If a trade apprentice is not able to put in the minimum period of apprenticeship specified in clause (c) of the proviso in sub-rule (2) during the period of training and has not completed the full apprenticeship course he shall not be considered as having completed the full period of training and the employer shall, under sub-rule (2) of Rule 7, extend his period of training until he completes the full apprenticeship course and the next test is held.