Mukesh Tank
Company Secretary
Krishan Kapoor
General Manager Hr
Ashok Pal
Service
Manishgupta1981
Hr Generlized
Sharmaneesu
Employee
Anurag.anupam
Hr Generalist.
Shukla Rahul
Hr Manager
Phoenix129in
Hr Executive
Ruchika04
Human Resource
+8 Others

Hi,
As we are aware, nowadays in most of the companies, if we take leave on Saturday and Monday, Sunday is also counted and calculated as leave and deductions are made.
I am working in a consultancy.
1st case - I had taken half day leave on Saturday and had taken leave on Monday also. The HR treated leave for Sunday also even though i was present till half day of Saturday. I discussed this matter with HR but she told its according to policy while Accounts dept. is telling its upto HR to decide.
Seniors please clarify.
2nd case - If Saturday is optional leave (we are entitled for 2 optional leaves in a year) and we take on Monday also, then will Sunday be treated as leave and get deducted? I am deciding to take optional leave for 16th April - Mahavir Jayanti and subsequent leaves from Monday. Kindly suggest.
Regards,
Suvi.
17th March 2011 From India, Ahmadabad
Hi experts,
Please give comment on this. The big MNC does not follow this policy. If you take leave on Friday and Monday then you get only two days deducted. What is the exact legal position?
Regards
CS Mukesh Tank
17th March 2011 From India, Mumbai
What your HR said is right. If you take leave on Saturday and Monday than Sunday would be treated as sandwich leave. It doesnot matter under what heads you had taken that leaves.
18th March 2011 From India, Ahmadabad
Hi,
but we don't count Sunday as sandwich leave if Saturday was only half day leave.
in case of optional leave it can be counted as sandwich leave as it's not holiday in office, you only will go on optional leave. so better plan it on Tuesday instead of Saturday.
regards,
Nishu
18th March 2011 From India, New Delhi
Dear Suvi,
You have mentioned that you took half day leave on saturday.
If you have taken first half leave on saturday there is no point sunday will be added.
But if you have taken on second half definitely sunday will be there in picture.
As per as your optional leave is concerned though it depends on compay policy but some of the companies treat it as a differnt kind of leave and there is no provision of adding it to your weekly offs. In your case when you are opting for optional leave on monday and take a leave (e.g. CL or ML (Sick Leave)) there is no provision of attaching sunday here.
Thanks & Regards,
Anupam Anurag.
18th March 2011 From India, Calcutta
Hi,
Theoritically, it is correct to consider Sunday for leave counting, since you had worked for halfday on Saturday, it becomes the question of human touch to the subject and certain companies gives the benefit to employees certian not. So better speak to your HR department.
In case of optinal leave, Sunday will be construed as sandwich leave.
VM007
18th March 2011 From India, Chandigarh
Hi,
In my current company I also have the same rule.
As you have mentioned that you took a half day on a Saturday and a holiday on Monday, they should not consider Sunday as an off. So kindly recheck along with your HR about the company Rules & Regulations.
Regards
18th March 2011 From India, Mumbai
if half day worked no issue to count Sunday as leave, ask your HR dept. is their any written instruction about this, b'cz instruction is that if leave (i.e. not working or not present at work place) on saturday and monday than sunday count in leave,
Suppose you ask HR dept that you are willing to work on between this leave days i.e. sunday is it possible for them, or ask them that you know the rule therefore came on sunday and wait for 1 hours but no body came, dose it mean that on that day whole staff were on leave.
It is debatable issue and solve with the help of HR dept. only
Mitesh
19th March 2011 From India, Ahmadabad
Dear friend,

Let me clarify things step by step :

1. As per your first query if you have availed leave for the first half of the day then it would be considered as 1.5days leave which includes hald day of saturday and monday full day. In the later case if you have availed the second half day as leave then it would be considered as 2.5days leave which includes half day of saturday, sunday and monday full day.

Now if you have availed first half of the day as leave and your HR has counted sunday too, then please go and talk to your HR.

If you have availed the other half of the day as leave then your HR is right.

2. In accordance with your second query === Any optional leave cannot be clubbed with your leave balances as well as week end. However it differs from one company to another company based on the polciy that they have.

According to our HR policy, if any of our employee wants to avail such leave, then we allow only if the employee applies it before 10 working days in prior to the intended date of leave. Check with your HR if this is possible.

- Babu
19th March 2011 From India, Madras
Dear All,
Its purely depends upon the Leave Policy of the company.
I my company we have the same system of Sandwich leave, if we attend the office even a half a day (either 1st half or 2nd half) and if we took Monday leave then Sunday will not consider as off. And more over if we took Saturday leave and Monday if we attend the work even in 2nd half then Sunday will not consider as off.
We are in BPO sector, During the festival time say Christmas, Diwali etc., even we advice the employees who wants to go to their native place during the festival time or even weekend, we will ask the employee to come early to office like 6.a.m and leave at 2.pm if they finish their work early then they can go early. Because we need to see the work done mean time employees also feel happy to celebrate the festival / weekend.
Anyway u better check with ur HR Dept. about the leave policy of ur company.
Cheers,
Princey HR
19th March 2011 From India, Madras
1st case - I had taken half day leave on Saturday and had taken leave on Monday also. The HR treated leave for Sunday also even though i was present till half day of Saturday. I discussed this matter with HR but she told its according to policy while Accounts dept. is telling its upto HR to decide.
You can take half day leave only casual leave. it can be taken only at the same time i.e means when you want to go on leave urgently.You took leave on monday if was sanctioned before Saturday. if yes then it seems that you took Saturday leave intentionally. So Sunday and Monday will count leave. if you sanction leave on Monday then Sunday will not count for leave.
2nd case - If Saturday is optional leave (we are entitled for 2 optional leaves in a year) and we take on Monday also, then will Sunday be treated as leave and get deducted? I am deciding to take optional leave for 16th April - Mahavir Jayanti and subsequent leaves from Monday. Kindly suggest.
Sunday will not count as leave
19th March 2011 From India, Indore
About sandwich leave the HR Policy should be clear on guidelines, if the HR manual says sandwich leave is to be counted(not only between last day of week and first day of the week) even if any declared holiday falls in between, it will be treated as an extra leave. The HR manual should not have any ambiguity and the rule should be same to one and all. I also think we all should respect the policy maker as he/she is also sailing the same boat.
19th March 2011 From India, New Delhi
Dear all
Good afternoon
I think ther is some thing not clear to me as below:
1- do you hav leave as No. Of working days per year or you have one month leave per year.
2- what is the process if you apply for leave for sex days start from Monday .
3- you mean it same if you apply for three days from mondy & apply for three days from satarday !!!!!?????
Are they will deduct 7 days or 6 days.
I think What they process not far & not right .
20th March 2011 From Saudi Arabia, Qatif
Sandwich leaves purely depends on HR Policy of the company.
Some of the companies also put a bar on Prefixing and Sufixing holiday i.e. you can only prefix or sufix a holiday with total leaves one is availing.
What ever the policy says becomes the rule book for all employees of the Company.
Untill the appropriate authority in the company reviews and modifies the the Policy, all of us have to follow it.
20th March 2011 From India, New Delhi
Hi Suvi,
In your 1st case if you have taken half day leave on Saturday and leave for monday also, then your sunday should not be counted as par my company HR policies .
Or,
if you take leave for Saturday and attend half day office on monday in that case also your sunday should not be deducted.
if you are absent for three continuous days i.e. Saturday, Sunday and monday only in this case your sunday will be deducted.
Regards,
Ruchika
HR-Manager
21st March 2011 From India, Delhi
Ruchika, here Suvi had taken first half of saturday as leave followed by leave on monday. He was not present in office for second half of Saturday, Full Sunday and Full monday. Hence Sunday would be counted as leave.
Now if he would have been present in office in second half of Saturday or first half of Monday, that would have been a different matter.
22nd March 2011 From India, Ahmadabad
Dear All,

As per Section 52 & 53 of Factory act- 1948 one day full leave with wages have to be given if any employees worked for 6 day's, but in case of less than 6 day's act is silent on this and here people make manipulation.

The best practice is that if any employees worked for more than three day in any week (from Monday to Saturday) he is eligible for weekly off for Sunday with pay.

As far as leave is concerned if a person on leave with wages on Saturday and Monday his Sunday should not counted as leave as he worked from Monday to Friday (5 days which more than three days).

But again it depends on company’s policy.

Being an HR professional we should have humanistic approach while making leave rules.

Just think a person worked for 5 days and for any reason if he is not able to come on duty on Saturday and Monday why should we deprive him to avail weekly off.

22nd March 2011 From India, Delhi
Truely Said Mr. Praveen,

You Are absolutely right, To add on Pls. note that:

According to Payment of wages act, Daily Wage salary is Gross/(Working days in a month)

For eg: If monthly salary of employee is 3300/- then in Jan Month Having 31 days with 5 sundays & 1 NF, his daily wage will be Rs. 132.

Now cases:

1. worked for 23 days then salary will be: 132*23 + 132 = 3168. No Matter of sunday or anything like sandwich term exist in LAW. (most of the comp. calculate this as 3087/- or even less by way of 'sandwich term' but they are wrong)

2. Worked for 9 days then salary will be: 132* 9 + 132 = 1320. (most will calculate this as 852/- or even less but refer Payment of wages Act and minimum wage act)

Sundays and Holidays are Paid leaves. No body can deprive you for these benefits unless as punishments by the way of charge sheet & domestic enqueries.

I suggest you to go to labour court and get your right, it will taught your HR deptt to get more knowledge on leave laws, before saying such ambiguity terms.

regards



Manish Gupta

Admin & HR mgr

Gini and Jony Ltd


23rd March 2011 From India, Mumbai
Yes, It is correct but the leave policy statement is a little bit different. It goes like: \"Same nature of leaves before and after a holiday will result in sandwich leaves of all the days i.e. including holidays\". E.g. If you take a CL on Saturday and a CL on Monday then Sunday will also be considered as a leave. But on the contrary if one takes Medical Leave or some other nature of leave i.e. E.L. on Saturday and a CL on Monday then Sunday will not be considered as a leave.
3rd April 2013 From India, New Delhi
I think the provision of Sec 52 1(a) is made only for the purpose of availing weekly holiday. But here the question is when employee do not work for W/off and both days sufix and sufix to W/off or Weekly holiday.
Nothing is mentioned in factories Act. It totally depend on management policy
Rahul Shukla
2nd June 2015 From India, Pune
Hi, I had a query. I had taken leave on a Saturday & Tuesday and Monday was a Public holiday...is Sunday still treated as Sandwich leave. Please advise.
23rd August 2016 From India, Bhiwandi
Dear Sir/Mam,
I am working in a Pvt. Ltd. firm as a HR Executive. Our one employee was taken leave from 17th. October to 21st. October. Company was declared holiday of 19th. & 20th. on the occasion of Deepawali festival. So please tell me, is this sandwich case according to legal policy. Can i consider in leave of 19th. & 20th. according the legal policy.
Regards,
Sandeep Sharma
25th October 2017 From India, Delhi
Dear Madonna,sandeep
As per my knowledge there are no rules for sandwich leave(Sat,sun,Mon) its completely depend on Company's leave policy......
25th October 2017 From India, Hyderabad
Hi, I had a query. I had taken leave on a Saturday & Tuesday and Monday was a Public holiday...is Sunday still treated as Sandwich leave. Please advise.
4th April 2018 From India, Ghaziabad
if employee continue present on Saturday than after continue absent on last month ...is sunday still treated as leave??
4th April 2018 From India, Ghaziabad
#Anonymous
It depends on the company policies.
As someone mentioned only few big companies which give value for their employees and their decisions doesn't deduct for weekends (Saturday and Sunday - 5 days).
But any how you have agree with your HR.
4th April 2018 From India, Hyderabad
Here point of discussion is not whether it is a Company Policy or not, discussion point must be whether it is under prevail by LAW, as i know same Rule applicable in Government sectors also, so is it means that it is a Government policy, we don't need to follow, we will make our own policy.
If Government following this rule it means there is a provision under law.
5th April 2018 From India, Ahmadabad
Hi I have a similar type query... An employee was on continuous leave and joined office on Monday.
Is Sunday will be counted as leave or Weekly off for him?
regards
Preeti
31st July 2018 From India, Delhi
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