Madhu.T.K
Industrial Relations And Labour Laws
Krishnamkn
H R Labour Laws & Payroll
+2 Others

Dear Friends,
I'm working in cosmaceutical ingredients & Major Chemicals Supply Industry, Bangalore, Karnataka. we were having off on 02nd & 04th Saturday's excluding Sunday's and if a employee take 15 days Leave we were considering as Leave itself on Off days. But now Management has implemented Leave Policy like if the Employees take continues Leave he/ she will not be eligible for Off days (Off days will be LOP).
Please let me know the govt. rules in this regards, The Implementation made is correct or wrong, if wrong as a HR what i can do favour to Employees.
Please clarify my query, welcome for your valuable suggetions.
Regards,
Krishna Murthy
24th April 2012 From India, Bangalore
To my knowledge, holidyas falling during Earned leave which is taken contnuously say for 15 days, will form part of the leave.however, as per Factories Act, holidays falling in between the leave period are excluded.
B.Saikumar
Mumbai
24th April 2012 From India, Mumbai
Normally holidays or weekly off days intervening CLs will not be counted as CL but holiday or off day will be allowed whereas holidays or off days, as the case may be, coming in between sick leaves, earned leaves, maternity leaves and leaves without pay will be taken as leaves only. As put by Sai, under Factories Act the only applicable leave, ie, annual leave with wages or commonly referred to as earned leave is given apart from holidays and off days which intervene the leaves.

The logic behind the above reasoning is that CL is taken for casual and unexpected happenings and there will generally be a restriction on the number of CLs which can be availed at a strech, say 3 CLs at a time. Therefore, holidays/ off days coming in between tow CLs shall be treated as such and no CL need to be taken for that.

At the same time, sick leave is availed when a person is sick and not fit to work. If an employee falls sick on Friday and that follows till Monday (both days inclusive) normally he can not say that he was FIT on Saturday and Sunday, being weekly off days and therefore, only two days sick leave should be deducted.

In the case of Earned leave, since it is taken for a long period after proper planning and perhaps for moving out of head quarters or place of his working and probably after carrying out a handing over of functions to another peer employee, the days of off and holidays which intervene the leave days shall also be leave for the employees.

In the case of Maternity leave also the same thing will support you and no woman can claim that in addition to 84 days of Maternity leave she should get 12/24 days of weekly off and such other holidays which came in between the days she was under maternity leave. Similarly one who has been on LOP for entire month cannot claim salary for 4/8 off days.

Regards,

Madhu.T.K
24th April 2012 From India, Kannur
I agree with Mr.Madhu. He has put the leave and holidyas in proper perspective. B.Saikumar HR & Labour Law advisor Mumbai
25th April 2012 From India, Mumbai
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