Leave and working hour regulations for non-factory employees are governed by the Andhra Pradesh Shops and Establishments Act, 1988, and government employees’ leave regulations are given in A.P. Leave Rules, 1933 (Annexure-III of Fundamental Rules).
Shops, commercial establishments, restaurants, theaters, and all other non-factory work establishments employing 10 or more employees are covered by the Shops and Establishments Act.
This act covers full-time employees, but part-time, gig, or contract workers are excluded unless the contract or state alerts address them.
A.P. Leave Rules primarily operate for government servants, with part of its provisions influencing private sector actions.
Leave Rules
Types of Leave and Entitlements
| Leave Type | Entitlement | Notes |
|---|
| Earned Leave (EL) | 15 days per 6 months (max 300 days) | Accrues 15 days on 1st Jan and 1st July; max 120 days granted at a time; encashable up to 300 days on retirement. |
| Casual Leave | 12 days/year | No carry-forward granted on reasonable grounds. |
| Sick Leave | 12 days/year | Requires medical certificate; no carry-forward. |
| Half Pay Leave (HPL) | 20 days/year (no max limit) | Half pay + half DA; full HRA/CCA up to 120 days; encashable on retirement. |
| Commuted Leave | Max 240 days in service | Full pay on medical grounds only; requires medical certificate. |
| Leave Not Due | Max 180 days in service | Granted on medical certificate when HPL is nil; adjusted later. |
| Maternity Leave | 120 days | Full pay for women with <2 surviving children; 6 weeks for abortion. |
| Special Disability Leave | Max 24 months | Full pay for the first 120 days; half pay thereafter for duty-related injuries. |
| Hospital Leave | Max 6 months every 3 years | Half pay for risk-borne duties; combinable with other leaves. |
| Study Leave | Max 12 months at a time (2 years total) | For gazetted officers, half pay for public interest studies. |
| Extra Ordinary Leave (EOL) | As needed | No salary; max 5 years; 12–24 months for medical/study purposes. |
| National & Festival Holidays | 9 days/year | Paid holidays include mandatory and optional holidays. |
| Surrender Leave | 15 days/year | Encashable after 2 years of service; valid for 90 days from sanction. |
HR Action Tips
- Eligibility: Employees must complete a minimum of 2 years of service to be eligible for surrender leave, while temporary employees are ineligible for leave not due. Additionally, medical leave requires a certificate from a Civil Assistant Surgeon (non-gazetted) or Civil surgeon (gazetted).
- Notice Period: Leave applications must include a clearly stated address and a medical certificate (for medical leave). Also, a fitness certificate is required to rejoin employment after medical leave.
- Carry-Forward: Earned leaves can be accumulated for up to 300 days; while casual and sick leaves lapse if they are unused. HPL has no maximum accumulation limit.
- Restrictions: Leave cannot be claimed as a right, altered post-sanction, or granted during suspension or disciplinary proceedings.
Working Hours Rules
Standard Working Hours
| Rule | Details |
|---|
| Daily Limit | 8 hours/day |
| Weekly Limit | 48 hours/week |
| Breaks | 30-minute break after 5 hours of continuous work |
| Weekly Off | One day off (typically Sunday, unless notified) |
Overtime Rules
| Rule | Details |
|---|
| Max Overtime | 6 hours/week, 50 hours/quarter |
| OT Pay Rate | 2x regular wages |
| Approval Required? | Yes, prior written consent from employee |
HR Action Tips
- IT/ITES Exemptions: IT and IT-enabled services may be exempted from certain working hours and holiday provisions as per specific notifications.
- Night Work Restrictions: Women require safe transport and facilities for night shifts under exemptions.
- Record-Keeping: Employers must maintain digital or hard copies of leave, working hours, and overtime, to be updated monthly.
- Part-Time Workers: Pro rata leave entitlement based on work hours, as per the terms of the contract.
- Penalties: Non-compliance with working hours or overtime can attract penalties of up to ₹5,000 or jail for 3 months.
- Online Registration: Online enrolment with the Labour Department within 30 days of the commencement of operations is mandatory for establishments.
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