Chapter- 9 Provisions Relating to Leave

40. Weekly leave:

A labour shall get the weekly leave of one day in each month.

41. Public leave:

(1) Each labour shall each year get a paid public leave of thirteen days including the May Day, and fourteen days including International Women Labour Day in the case of a female labour.

(2) Notwithstanding anything contained in sub-section (1), the public holidays in the case of an enterprise shall be as determined by the regulatory authority, if any, that regulates such an enterprise and as determined by the employer in the other situations.

42. Substitute leave:

(1) A labour who is involved in work that must not be stopped or must be done continuously shall get the substitute leave in consideration for having worked on any day of weekly or public leave.

(2) Any labour who has been engaged in work on a day of weekly or public leave shall be provided with the substitute leave within twenty-one days of the date of engagement in work.

43. Home leave:

(1) Every labour shall get paid home leave at the rate of one day for twenty days of the period he or she has worked.

(2) A labour who is employed in an educational institution or who gets summer or winter leave shall not get home leave.
Provided that where such leave is lesser than the period of home leave, the labour shall get home leave for such a number of days as is so lesser.

44. Sick leave:

(1) A labour shall get paid sick leave of twelve days a year.
Provided that a labour who works for a period of one year or lesser than one year shall get the sick leave proportionately.

(2) A labour who seeks the sick leave for more than three consecutive days shall submit a certificate on his or her medical check-up by a recognized doctor.

(3) Where a labour has to take leave because of sudden illness, the labour shall inform the employer or the person specified by the employer through the fastest means to the extent available.

45. Maternity leave:

(1) A pregnant female labour shall get a maternity leave of a total of fourteen weeks before or after delivery.

(2) A pregnant labour shall compulsorily take leave from at least two weeks before the expected date of delivery to at least six weeks after the date of delivery.

(3) A female labour who takes the maternity leave referred to in sub-section (1) shall get full remuneration for sixty days and shall not get remuneration for the remaining period.

(4) Where a recognized medical doctor recommends that the female labour who has delivered a baby needs further rest for her or her baby’s health, the employer shall approve unpaid leave of up to one month in addition to the period referred to in sub-section (1) or sanction such leave to be adjusted with other leave, in continuity with the maternity leave.

(5) Where a female labour in a state of seven months’ pregnancy or more than seven months gives birth to a deceased child or suffers miscarriage, she shall get leave as if she made normal delivery.

(6) Where the mother dies before the completion of sixty days of the birth of her child, the labour whose wife has so died may take paid leave for the remaining period for the care of the child from the employer for whom he is working.

(7) If a male labour’s wife is going to deliver a baby, he shall get paid maternity care leave for a period of fifteen days.

46. Birth registration certificate to be submitted:

Except where a newly born child dies, a female worker who is on maternity leave shall submit a copy of such birth registration certificate as prescribed to the employer.

47. Remuneration need not be paid:

Notwithstanding anything contained elsewhere in this Chapter, where a provision is made that a female labour is to receive remuneration for the period of maternity leave from the Social Security Fund, the employer shall not be required to pay, to that extent, the remuneration referred to in this Chapter to the labour for such a period of leave.

48. Mourning leave:

(1) Where a labour himself or herself has to mourn according to his or her religion or because her husband or his wife dies or a married female worker has to mourn on the death of her father or mother or father-in-law or mother-in-law, such a labour shall get a mourning leave of thirteen days.

(2) The labour who goes on the mourning leave referred to in sub-section (1) shall get full remuneration.

49. Accumulation of leave:

(1) A labour is entitled to accumulate the home leave and the sick leave for up to ninety days and forty-five days, respectively.

(2) Where a labour is relieved of the service for any reason or dies, he or she or such family member of him or her as prescribed shall get the lump sum amount to be set by the last basic remuneration being drawn by him or her for his or her accumulated home leave and sick leave.

(3) A labour whose accumulated leave exceeds the period specified in sub-section (1) shall, at the end of each year, get the amount to be set by his or her basic remuneration for the leave of such excess period.

50. Computation of year:

A year shall, for the purpose of leave, be computed on the following basis:

(a) Where it is determined by law, it shall be in accordance with such law,

(b) Where it is determined by the regulatory body, it shall be in accordance with such provision,

(c) Where it is not determined pursuant to clause (a) or (b), it shall be as set out in the employment contract,

(d) Where it is not determined as set forth in clauses (a), (b), and (c), it shall be in accordance with the financial year of the Government of Nepal.

51. Leave not as a matter of right:

(1) All leaves except the sick leave, mourning leave, and maternity leave which the labour is entitled to pursuant to this Chapter are only facility and cannot be claimed as a matter of right.

(2) In the case of leaves other than that mentioned in sub-section (1), the employer may, for the reason to be specified, refuse, withhold, deduct, or alter the time of the approved leave, on the basis of the need of the work at the workplace.