Industrial Relations And Labour Laws
Head - Human Resources
1st February 2010 From India, Kannur
3rd February 2010 From India, Bangalore
AS PER FACTORIES ACT, HOLIDAY/ WEEKLY OFF INTERVENING LEAVE WITH WAGES SHOULD BE COUNTED AS LEAVE. HOWEVER WORKMEN MAY SUFFIX/PREFIX WEEKLY OFF/HOLIDAY, BEFORE /AFTER LEAVE WITH WAGES.
REGARDS AND THANKS
3rd February 2010 From India, Thiruvananthapuram
If your leave completes on friday and you were absented on monday then your 3 days extension of leave will be considered and not one day. Because suffix means it is not the part of leave. You can avail that alongwith end of leave.
With warm regards
11th January 2011 From India, Kumbakonam
In my present company Casual Leave policy written like this "Casual Leave should not be taken as a privilege leave and should not be prefixed & suffixed to weekly off / Holidays".
I apply a CL on saturday, but my HR said as per HR manaul, i could not take CL on Saturday.
Please reply .
9th March 2013 From India, Nagar
As per my Mgt it should be 4 days leaves.We are 5 days working and can avail only 1 leave per month i.e. 12 leave in a year.
16th January 2017 From India, Mumbai
16th January 2017 From India, Kannur
Regarding sandwich and prefix/suffix concepts application dependence on Mgt's choice only or do we have any thing in documented as per law?
2) For sandwich and prefix/suffix: One should have CL, SL, and Pl leaves (which seems good number of leaves) or Can some one applicable if he can only avail 1 leave per month i.e 12 leaves in year but yes he work only 5 days in a week.
16th January 2017 From India, Mumbai
Under the Factories Act, the only leaves available is PL (earned leave or annual leave with wages) and that is why the holidays coming in between the two leaves are taken as holidays and not as leaves. At the same time, if you have CL also in addition to the leaves admissible under Factories Act, you can follow the same principle of sandwiching in the case of PL. In the similar way, if your organisation has only one type of leave, that is CL, then it should be exclusive and no sandwiching be allowed.
17th January 2017 From India, Kannur
If holiday falls on Tuesday, then one should be on either Monday or Wednesday? right
But it may possible that someone takes leave on Monday and he came on Friday + Weekly off (Saturday/Sunday)+Monday (Leave Application) + Tuesday (holiday) + Wednesday (Resume office).
We have kept only 1 leave per month i.e called Earned Leave. Total 12 Leaves in a calendar year and recently we have decided to carry forward few number of leaves for next year as well.
Here employee can take more than 2 leaves at time although he has 12 leaves in hand for complete year.
18th January 2017 From India, Mumbai
Remember that you are giving very less number of leaves to your employees and again interfering in it by introducing the sandwiching rule etc, you will be inviting problems in future.
19th January 2017 From India, Kannur
Please clarify, One of my employees is applying for leave for 10th March (Friday), 11&12th (weekend) and 13th March (Holi on Monday) and will be back on Tuesday (14th).
Here he is absent on Friday as well Monday (official holiday) so how many leaves to be considered?
or case 2, someone came on Friday (10th) and 11&12th (weekend), 13th (Holi on Monday) and 14&15&16&17 (Four days leave application) and will be back on 20th (Monday). how many leaves to be considered?
24th February 2017 From India, Mumbai
Now, if you follow the provisions of Factories Act, then he will not lose his off days and holiday because in that case he will be treated as leave on Friday and Tuesday only.
In the second case he is on leave from Tuesday till Friday only because there is no sandwiching since only one end (prefix) is a holiday.
25th February 2017 From India, Kannur
Case 1. One of my employees is applying for leave on5th March (ie. working on 1st march(thirsday) 02th (Holi on Friday) 3rd & 4th week off (saturday and sunday) is 05th March (MOnday)applied for leave, and back in 6th March (tuesday) then how many day it will get deducted as leave
case 2, someone came on Friday (10th) Half day and 11&12th (weekend), 13th (leave on Monday) will be back on 14th (Tuesday). how many leaves to be considered?
13th February 2018 From India, Mumbai
At the same time, if you are not a factory but a Commercial Establishment, then you have to take a call whether sandwich days will be treated as leave days or not. The general tendency is to treat the holidays in between two PL days as PL only whereas if the prefix and suffix are marked as Casual leaves then to leave the holidays and weekly off days as such.
Under Factories Act the leave is earned based on the DAYs physically present for working in the preceding year and that is why when the employees take leave, we will not consider the sandwich days as leave. In many states, the leave rules applicable to shops and commercial establishments provide for a fixed 12 days PL once an employee completes 12 months service. In such situation it is not the actual number of days that is counted for deciding the number of PLs and therefore, sandwiching can be done. At the same time, if the states rule also provide for number of leaves based on the days worked, say, one day for every 20 days worked in the preceding year, you should not mark the holidays and weekly off days as PL.
14th February 2018 From India, Kannur
Thanks for your guidance.
If we apply for long leave then only working days will be deducted and all sunday and saturday (if it is week off) will get minus from my number of days.
i.e; taking leave from 18th April(wednesday) to 26th April(thursday) total 9 days, but 8 day's will get deducted from my leave as 22nd is sunday.
Sir please correct me if im wrong.
14th February 2018 From India, Mumbai