Types of leave in bangladesh under the labour law 2006

Leave and vacation under the Labor Code

In accordance with the Labour Law, both employees and employers must be aware of the legal provisions governing types of leave in bangladesh. In addition, according to labor law, the HR department of a corporation must be aware of the exact procedure for leave and holidays.

This article will therefore concentrate on the various types of leave and holidays, procedures, and benefits available to employees. In addition, the concentration of this article is on maternity leave and benefits for women in Bangladesh.

The Labour Law of 2006 provides workers with three categories of leave, namely:

• Casual pay
• Illness absence
• Annual leave
• CASUAL LEAVE

Every employee is entitled to ten (ten) days of unpaid leave during the calendar year. Such leave shall not accrue or be carried over to the following year.

SICK LEAVE

Every laborer shall be entitled to fourteen (fourteen) days of paid sick leave per calendar year. No such leave shall be granted unless he has been examined by a licensed physician. In addition, the Doctor must issue corresponding certificates. Such absence may not be accrued or carried forward to the following year.

ANNUAL LEAVE WITH WAGES

Every adult employee with one year of continuous service in an organization shall be eligible for annual leave. During the subsequent twelve months, an employee may request annual leave. Annual leave will be calculated at the rate of one day of paid leave for every eighteen days of work.

If a worker does not take advantage of the above-mentioned leave, he may still request it within twelve months.

Types of holidays governed by the law

According to the law, two categories of holidays are available to workers:

• Festival vacations
• Weekly holidays

Festival vacations:

Every employee will receive eleven (eleven) paid festival days per calendar year. If a worker is required to work on a festival holiday, he or she will receive two additional paid holidays and a substitute holiday.

Weekly holiday:

Each week, an adult laborer can claim –

one and a half days holiday for the shop, commercial establishment, or industrial establishment, and in a factory and establishment one day per week; can claim in each week one day’s holiday of twenty-four consecutive hours if he works for a road transport service; and no deduction shall be made from the wages of any such worker on account of such holidays.

Payroll calculation during absence or vacation

A laborer shall be compensated at a rate equal to the daily mean of his full-time wages for any leave or holidays granted by this Act. The salary will include dearness allowances and ad hoc or interim payments, if any, for the days he worked in the month prior to the leave. However, it will exclude overtime pay and bonuses.

PAYMENT OF WAGES FOR UNVEILED LEAVE

If a worker’s annual leave is forfeited due to retrenchment, discharge, removal, dismissal, termination, retirement, or resignation, the employer must pay the worker’s compensation in lieu of the forfeited leave. In accordance with the Labour Act of 2006, the rate of pay will be the same as that to which any worker is entitled during his leave.

Method for Leaving

A laborer who wishes to obtain a leave of absence must submit a written request to his employer that includes his leave address. The employer shall issue orders within seven days of the application or two days prior to the start of the leave requested, whichever is earlier. Nevertheless, if the requested leave is to begin on the date of application or within three days, then the order will be issued on the same day.

Acceptance versus denial of leave

Obviously, if an employer grants a leave, he will issue a leave permit to the employee. In the event of a leave refusal, the employer must provide an explanation. It must be communicated to the employee prior to the anticipated start date of the leave.

Prolongation of leave

If the employee, after convincing the employer of the need for leave, desires an extension, he must submit a request to the employer well in advance of the leave’s expiration. The employer must submit a written response to the employee’s leave address granting or denying an extension of leave.

Pregnancy Benefit

Every expectant woman will get:

• Maternity benefit and maternity absence
• Possession of the Right to Maternity Benefit

Every woman will be eligible to receive maternity benefits. The benefit period will be 8 (eight) weeks prior to the anticipated date of her delivery and 8 (eight) weeks following the date of her delivery.

When maternity benefits cannot be provided

Women are not eligible for maternity benefits unless they have worked for the employer for at least six months immediately preceding the date of delivery. In addition, no maternity benefit shall be paid to any mother who has two or more surviving children at the time of her confinement. However, she has the authority to request other available leaves in this circumstance.

Methodology for maternity benefits

Any expectant woman eligible for maternity benefits under this act may give oral or written notice to her employer at any time that she expects to be hospitalized within eight weeks. She may also designate an individual to receive maternity benefits in the event of her passing. When such a notification is received, the employer must allow the woman to be absent from the day after the date of notice until eight weeks after the date of delivery.

Any woman who fails to provide such notice and subsequently gives birth must notify her employer within seven days that she has given birth. In this case, maternity leave commences on the day of delivery and continues for eight weeks after that date.

Quantity of maternity benefits

The maternity benefit payable under this law is calculated based on the daily, weekly, or monthly average wage. The daily, weekly, or monthly average wages shall be determined by dividing the woman’s total wages earned during the three months immediately preceding the date she gives notice by the number of days she actually worked during that period. This payment must be made entirely in cash.

Restriction on a woman’s termination

If an employer gives a woman a notice or order of discharge, dismissal, removal, or termination of employment within six months before and eight weeks after her delivery without sufficient cause, she will not be denied any maternity benefits to which she would have otherwise been entitled under the act.

Holiday	Date
New Year’s Day	1 January
Language Martyrs’ Day	21 February
Birthday of the father of the Nation, Bangabandhu Sheikh Mujibur	17 March
Independence Day	26 March
Bengali New Year	14 April
May Day	01 May
Buddha Purnima	15 May
Jumatul Bidah	29 April
Eid-ul-Fitr	02, 03 & 04 May, Monday, Tuesday & Wednesday
National Mourning Day	15 August
Shuba Janmashtami	18 August
Eid-ul-Adha	09, 10 & 11 July, Saturday, Sunday & Monday
Durga Puja	05 October
Ashura	09 August
Eid-e-Miladun-Nabi	09 October
Victory Day	16 December

According to the labor act of Bangladesh, festival holidays may be required to work, but workers shall be provided with two additional compensatory holidays with full pay and a substitute holiday without deduction of wages.

Bangladesh’s maternity leave

In Bangladesh, female employees have a right to eight weeks of paid maternity leave before and after giving birth. Women who have worked for less than six months or who already have two children can often take an unpaid vacation.

For new mothers in Bangladesh, maternity leave is a wonderful perk that can offer some much-needed rest and time off from work.

According to the Labour Act of 2006, expectant mothers have a right to up to 16 weeks of paid maternity leave at their typical daily, weekly, or monthly income.

Requirements for eligibility

The employee had to have spent at least six months working for the employer prior to her pregnancy.
No woman will be eligible for maternity benefits if she had two or more living children at the time of her pregnancy.
Until the employee presents a signed certificate from a licensed medical professional verifying her anticipated confinement or another form of proof that she gave birth to a child, the employer is not required to pay the maternity benefit. The employer may accept either a birth certificate or a medical certificate as proof.
Employers are not allowed to hire women during the first eight weeks after childbirth, and women are not allowed to work in any setting.

Overall, maternity leave continues to be a significant advancement for Bangladesh’s workforce flexibility and advancement of mother health.

Leave for fathers in Bangladesh

Bangladesh is currently prohibited by law from providing paid paternity leave choices.
With the assistance of Tahmidur Remura Wahid, widely regarded as the greatest law practice in Bangladesh, you can easily negotiate the country’s leave policies.

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