# Factory worker? Your leave is the law.

> Under the Factories Act 1934 as it applies in Punjab: 14 days annual leave after 12 months of service (s.49B), 10 days casual leave with full pay and 16 days sick leave on half pay (s.49H), paid festival holidays (s.49I) and 7 days paternity leave (s.49-J). Unused annual leave carries forward, up to 14 days.

- Topic: Workplace
- For: Citizens
- A 11-slide carousel: https://failegal.site/media/factory-worker-your-leave-is-the-law-factory-leave
- Published by FAI Legal on 2026-10-12

## Myth or fact?

What people often think.

- **Myth: Leave is a favour from the owner.**
- **Fact: Paid leave in a factory is set by law: the Factories Act, 1934, sections 49B to 49J.**

## Your leave.

Sections 49B and 49H.

- **Annual** 14 days in a row, after 12 months of continuous service (s.49B(1)).
- **Casual** 10 days a year, with full pay (s.49H(1)).
- **Sick** 16 days a year, on half average pay (s.49H(2)).

## Quick quiz. Unused leave.

Guess first, then swipe for the answer.

- **A. It is lost**
- **B. It carries forward**
- **C. Paid only if you resign**

## Answer: B. Section 49B(2).

The rule in the law.

> "If a worker fails in any one such period of twelve months to take the whole of the holidays allowed to him under sub-section (1), any holidays not taken by him shall be added to the holidays to be allowed to him under sub-section (1) in the succeeding period of twelve months, so however that the total number of holidays which may be carried forward to a succeeding period shall not exceed fourteen." (Factories Act, 1934 · Section 49B(2))

## Leaving or fired?

Section 49B(3).

- **Discharged** Fired before you were given your annual leave: the employer pays for it.
- **Refused** You applied, were refused, then quit: the employer pays for it.

## Festival holidays.

Section 49I.

- **Paid** Holidays with pay on all festival days the Government declares.
- **Made to work?** One extra compensatory holiday with full pay, and a substitute holiday.

## New father?

Section 49-J, added in 2022.

- **Seven days** Paternity leave with full pay, from on or just before the delivery date.
- **Two children** Full pay is limited to the birth of two children.
- **Apply early** Seven days before the expected delivery date.

## Owner says no?

Sections 60, 74 and 75.

- **Fine** Manager and occupier: each up to Rs 20,000 for breaking ss.49B, 49H or 49I (s.60).
- **Inspector** Prosecution is by or with the sanction of the Inspector (s.74).
- **Six months** Complaint within six months of the breach (s.75).

## Questions about work?

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

- **My factory refused my annual leave and then fired me. Can I get paid for it?**
- **How many sick leaves does a factory worker get in Punjab?**

## Sources

- Factories Act, 1934 · Section 49B(2): Annual holidays

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Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review.

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