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Shardul Amarchand
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CENTURY 0! EXCELLENCE
LEAVE POLICY AND PROCEDURES--601\JSTITlJENTS [Link]
INITIATED BY: Human Resources Department PREPARED ON: 1st April 2014
REVIEWED BY: Jennifer Milford, Shweta Bansal LAST UPDATED ON: 11th May 2015
APPROVED BY: Pallavi Shroff EFFECTIVE DATE: 18th May 2015
CONTACT PERSON: Shipra Gairola NEXT REVIEW DATE: One year from the date of
publication
INTRODUCTION
Shardul Amarchand Mangaldas & Co ("Firm") is committed to creating a healthy and efficient working
environment for all persons engaged by the Firm.
OBJECTIVE
This policy aims to help those working at the Firm to achieve a work life balance and thereby outlines
guidelines for leave for providing rest, recuperation of health and for fulfilling family and/ or social
obligations.
APPLICABILITY
The Firm has a principal-to-principal relationship with its individual lawyers and professionals who are
retainers of the Firm on a self-employed basis providing exclusive services to the Firm and its Practice Heads,
Practice Leaders and Business Heads ("Constituents") of the Firm. This policy is applicable to the Constituents
of the Firm.
POLICY DESCRIPTION
This policy details the different kinds of leave that can be availed by the Constituents of the Firm namely:
• Annual Paid Leave
• Medical Leave
• Maternity Leave
• Paternity Leave
• Child Adoption Leave
• Marriage Leave
• Compassionate Leave
• Sabbatical Leave
• Public Holidays
• Restricted Holidays
This policy ensures an organised structure for availing the above leave and details the processes and
procedures to be observed for availing the above listed leave.
LEAVE ACCOUNTING YEAR
POLICY NAME: Leave Policy- Constituents -
Delhi LAST UPDATED ON: 11th May 2015
Confidential and for Internal Use only
Page 1
Shardul Amarchand ,v,c111.i,:;<H1..":,c,
CENTURY 01· EXCELLENCE
The leave for Constituents of the Firm is calculated based on the financial year i.e. 01 April to 31 March of the
following year.
PROBATION
Constituents of the Firm who are in their performance assessment period ("Probation")1 will not be
encouraged to apply for leave unless approved by the respective Practice Heads, Practice Leaders, Business
Heads and Managing/ Senior Partner of the Firm.
NOTICE PERIOD
Unless otherwise approved by the respective Practice Heads, Practice Leaders, Business Heads and Managing
/ Senior Partner of the Firm, the Constituents will not be entitled to any leave from the date that the
Constituents serve their notice period in relation to the termination of their services from the Firm.
ADVANCE NOTICE FOR LEAVE
The Firm mandates that leave extending beyond a period of two weeks, must be preceded by one month's
notice in writing by the Constituents to their respective Practice Heads, Practice Leaders, Business Heads and
Managing/ Senior Partner of the Firm with a CC to the Human Resource department ("HR") of the Firm at
[Link]@[Link] .
ANNUAL PAID LEAVE
Each Constituent of the Firm is entitled to 29 calendar days for each financial year which can be availed either
as half day2 or full day leave ("Annual Leave"). In all cases where leave entitlement is to be reckoned for a
period comprising less than a whole calendar year, the number of days calculated on a pro-rata basis will be
the Annual Leave entitlement for that period.
Leave in excess of the Annual Leave will be without pay and shall be allowed at the sole discretion of the Firm
with the prior approval of Practice Heads, Practice Leaders, Business Heads and Managing/ Senior Partner of
the Firm. Appropriate deductions will be made from the monthly retainer fee of the Constituents.
Note: Constituents of the Firm are allowed to carry forward a maximum of seven days of paid leave of a
particular financial year to the subsequent financial year and at no point in time may a Constituent of the
Firm avail themselves of more than 37 days of annual paid leave in any financial year. Note: The Firm does
not permit encashment of leave by Constituents.
MEDICAL LEAVE
In case of a medical emergency/ severe health issues, paid leave may be granted ("Medical Leave") at the
sole discretion of the Managing Partner/ Senior Partner of the Firm. Medical Leave may be granted in
addition to the Annual Leave for the maximum period of 15 days.
"Severe Health Issue" for the purpose of this policy would comprise hospitalization, communicable/
infectious diseases, surgeries, chronic back ailments, illness inter-alia dengue, jaundice, tuberculosis, malaria,
typhoid, chicken pox.
1
Probation means a period of six months from the date of joining the Firm or such extended period as may be
determined by the Firm on a case to case basis.
2
Half Day's leave may be availed provided presence is recorded for at least 4 hours at the Firm. If 4 hours of presence
is not recorded it will be counted as one day's leave.
POLICY NAME: Leave Policy- Constituents - Delhi
LAST UPDATED ON: 11th May 2015
Confidential and for Internal Use
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Shardul Amarchand
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Note: Constituents of the Firm are required to inform the [Link]@[Link] at the time of
availing Medical leave.
Note: Constituents are required to furnish HR with photocopies of the medical documents in the event of
availing Medical leave on their returning back to office so that the in-house doctors can corroborate the
same.
MATERNITY LEAVE
All female Constituents of the Firm are entitled to be paid ninety consecutive calendar days leave ("Maternity
Leave") in addition to the Annual Leave, provided they have completed a minimum of eighty days in a year,
including holidays before the expected date of delivery, at the Firm. Out of the ninety days period, not more
than forty five days shall precede the date of expected delivery. Leave in excess of the ninety day period will
be treated as unpaid leave.
In addition to the above, a maximum of six weeks leave may be availed in case of a miscarriage or medical
termination of pregnancy under the Medical Termination of Pregnancy Act, 1971and a maximum of two
weeks in case of a tubectomy operation commencing immediately. Further, a woman suffering from illness
arising out of pregnancy, delivery, premature birth or child miscarriage, medical termination of pregnancy or
tubectomy operation shall be entitled to a maximum of thirty days of additional maternity benefit with
wages.
All female Constituents of the Firm entitled to maternity benefit shall also be entitled to receive a medical
bonus of Rs.1000, if no pre-natal confinement and post-natal care is provided.
On a request being made by a pregnant female Constituent, she shall not be made to do any work which is of
an arduous nature or which involves long hours of standing, or which in anyway is likely to interfere with her
pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to
adversely affect her health during the following period:
(a) the period of one month immediately preceding the period of six weeks, before the date of her expected
delivery;
{b) any period during the said period of six weeks for which the pregnant woman does not avail of the
Maternity Leave.
All pregnant female Constituents shall be entitled to such other benefits that are prescribed under applicable
law.
Note: Female Constituents availing of Maternity leave are required to furnish HR with photocopies of the
medical documents.
PATERNITY LEAVE
All male Constituents of the Firm are eligible for paternity leave of seven consecutive calendar days
{"Paternity Leave"), in addition to the Annual Leave, provided they have completed six months of continuous
work at the Firm. Such leave can be availed within ninety days of the child's birth. After the expiry of ninety
days the Paternity Leave will lapse.
Note: Male Constituents availing of Paternity leave are required to furnish HR with photocopies of the
medical documents.
POLICY NAME: Leave Policy- Constituents -
Delhi LAST UPDATED ON: 11th May 2015
Confidential and for Internal Use only
Page
Shardul Amarchand
CENT'URY 01' EXCELLENCE
CHILD ADOPTION LEAVE
The Firm facilitates adoption of a child by its Constituents and thereby allows its female Constituents to avail
leave of ninety days from the date of adoption of the child and for its male Constituents a period of seven
days within ninety days of adoption of a child ("Child Adoption Leave").
Single Constituents (male/ female} of the Firm will be entitled to a standard leave of ninety days from the
date of adoption of the child.
Note: Constituents availing Child Adoption Leave are required to furnish the HR with photocopies of the
adoption deed.
MARRIAGE LEAVE
All Constituents are entitled to leave up to fifteen consecutive calendar days either prior to or post wedding
date, in addition to the Annual Leave ("Marriage Leave").
Note: The Marriage Leave should be availed within six months of the wedding date. Application for
Marriage Leave beyond a period of six months from the wedding date will not be considered by the Firm.
COMPASSIONATE LEAVE
In the event that the various entitled leaves for a financial year have been exhausted by a Constituent, the
Firm may grant leave up to three consecutive calendar days in the event of the death of a family member
("Compassionate Leave"). Compassionate Leave can be granted at the sole discretion of the Managing
Partner/ Senior Partner of the Firm.
The term "family "consists of one's immediate family i.e. parents, child, sister, brother or spouse.
SABBATICAL LEAVE
The Firm provides it's Constituents with sabbatical leave for a period of minimum three months up to one
year in the case of pursuing higher studies and for a period of ninety days under special circumstances at the
sole discretion of the Managing Partner/ Senior Partner ("Sabbatical Leave").
Sabbatical Leave can be availed by Constituents who have completed two years with the Firm.
Sabbatical leave will be considered leave without pay and the Constituent will not be permitted to undertake
any regular or ad-hoc appointment with an external organization during the Sabbatical Leave.
Note: Constituents of the Firm availing Sabbatical Leave are required to coordinate with the HR for a
smooth exit.
POLICY NAME: Leave Policy- Constituents - Delhi
LAST UPDATED ON: 11th May 2015
Confidential and for Internal Use
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