Is Sunday/Holiday Is Counted While Taking CL Or EL/PL ? - CiteHR
Tsivasankaran
Consultant
Pragnaa HR Compliance Services
Pragnaa Shree Venture India Pvt. Ltd
Suhaskhambe
Executive Human Resource At Emcure Pharmaceuticals
Rprama
Chief Legal Consultant
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Nizamuddinkhan
Hr Professional
+4 Others

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Hi HR Folks,
I have a query: Is Sunday or Holiday is counted/calculated if its fall in middle of CL or EL/PL?
For example:
A. I take CL on Saturday and Monday: Sunday will be counted as CL or not?
B. I take EL/PL on Friday, Saturday, Tuesday & Wednesday. Sunday is Weekly off and Monday is Holiday: So how much EL will be deducted from my leave account – 4 or 6?
Looking forward to help me to make me understand above query.
Regards,
MD. NIZAMUDDIN KHAN

Dear Khan ji, Intervening holidays are to be treated as a leave. Answer to your example A: counted as C/L Answer to your example B: 6. Hope your concept is clear now.
hi. Sundays and any other Holidays in a month is not taken.into.consideration.while counting the leaves.
Khan Sab,
Basically it depends on company to company leave policy, Most of the companies policy follows as you have asked.
Ie : If you work 5days a week and Sat & Sun is leave (Weekend Off); You take an EL/PL/CL on Friday as well on following Monday it will consider as 4days Off rather than 2days; Similar to it is Friday (Holiday - Festival) Sat & Sun (Weekend Leave) and you take an OFF (EL/CL/PL) on following Monday it will consider for an day off only..
This policy is followed by most of the companies to avoid people talking long weekends OFF, but still changes depending upon your company policies.
Regards,
S M

Legally and logically, there are two factors to be kept in mind before taking a decision on this subject.

1. Does your establishment fall under Factories Act or Shops and Establishments Act?

2. Do you use 30 or 26 as denominator for calculating one day wages for loss of pay

Factories Act and using 26 as denominator

Most of the factories follow this for workmen. Let me recall here that Factories Act does not provide for PAID WEEKLY OFF. Logically one can not deduct wages for a day when he or she is not paid for the same. When one uses 26 as denominator, it excludes weekly off. Hence, intervening weekly off will be excluded and will not be counted

Shops and Establishments Act/Factories Act using 30 as denominator

Shops Act is more liberal in terms of number of days of leave. This legislation also provides for paid weekly off. Hence one uses 30 as denominator. Some of the Factories also uses 30 as denominator.There are conditions provided for Paid weekly off like an employee is eligible for one day Paid off if he or she has worked for the entire week.Hence if an employee takes even one day leave in a week, he or she is not eligible for Paid weekly off. Hence legally and logically it is correct to include intervening weekly off with Casual leave or Earned Leave or Medical Leave.

National Holidays

All employees are eligible for National Holidays and under any stretch of imagination, legally it is not permissible to include the intervening National Holidays with CL or Earned Leave

Festival Holidays

An employee is eligible for Festival Holidays if he or she has worked for 30 days in the last three months.If an employee has met with this condition, then it is mandatory to pay for the intervening festival holiday.

The above logic is applicable where the benefits offered by the organisation is minimum and as prescribed under law. However, there are instances where organisations provide for more leave benefits. Examine carefully the benefits I have worked in a place where the conditions were as under

1. 5 days a week

2. 30 days earned leave in a year 12 days CL in a year and 12 days SL in a year

3. 10 days of National and festival Holidays

4. Denominator used is 30

We used to include all intervening weekly offs. In fact, if an employee takes leave from Monday to Friday, weekly off of Saturday and Sunday will also be included. However, we were careful in not including intervening National and Festival Holidays

Dear Khan Saab,
I agree with Shafique ji. The policy as said by Shafique ji and myself is being followed by most of the managements. So that there will not be disadvantages taken by employees.
In the explanation to chapter VII of Bombay S&E Act, it is said that, the leave allowed under clauses (a) & (b) shall be inclusive of the days during the period of such leave on which a shop or commercial establishment remained closed or on which he is entitled to holidays. The meaning of this explanation is that the 21 days given under this Act which includes holidays intervening it. That means, such holidays are considered as leave.
I further draw your attention to leave rules applicable to Central Civil Services in which it is mentioned that Sundays / Holidays falling in in between CL are not treated as CL.

It varies company to company. completely depending on the company leave policy.
Some policies says any weekend/holiday in between leaves considered as leaves and some doesn't say about it.
Based on the number of leaves you provide, you can define either of the policy.

I keep seeing posts mentioning that it depends on Company Policy. The question, if I have understood it right is whether such a policy is correct logically and legally.
Drafting any HR Ploicy must be in tune with legislations applicable.

As I said in my previous post, if you use 26 as denominator for calculation one day wage, then exclude weekly off falling in between
If you use 30 as denominator, as is the case in establishments covered under Shops and Establishments Act, then include intervening weekly off in leave.
Intervening National and Festival Holidays can not be included in leave and wages must be paid for the same.
And please note that it is not wholly Companys discretion

While drawing attention and agreeing to the opinion expressed by T.Sivasankaran on this, I find that holidays/weekly off as prefix or suffix or as intervening days during a leave, has always puzzled the HR fraternity in CiteHR and from time to time there are several active and most popular discussion on it.

The practise of calculating leave varies from company to company and sectors to sectors. The differences are due to the following factors :

- Leave with wages and type of leaves, as well as their numbers varying in legislations; like Factories Act, Shops & Establishment Acts of various states etc.

- Concept of calculation of "Wages" and "Salaries" and the consequent calculations based on "daily rate" or "monthly rate" !!!

The daily rate calculations of Wages are based on 26 working days in a month; as rightly reflected even in the Payment of Gratuity Act; whereas the monthly rates are based on 30 days or the number of days in that particular month.

- Philosophy of the employer : Govt. or PSUs have employee-friendly policies which does not penalizes the employees whereas private companies seek to reduce the number of leave balance of employees to reduce payment in lieu of Earned or Privilege leaves.

- Introduction of 5 day week, especially with the advent of S/W and IT/ITES companies has put additional pressure on these companies to reduce the number of leave or absence; as working for 5 days is interpreted as distinct from a 6 working day week which entitles an employee for a paid weekly off - without it being counted as Leave, irrespective of whether it is prefixed, suffixed or comes in between of any Leave.

It seems unless there is a specific legislation which forces every employer to have standard and uniform leave policies; or good companies in every sector displaying an employee-friendly and fair leave policies to serve as a role-model for others to follow; such confusions, vagaries and differences, shall continue to exist to torment freshers and young HR professionals.

However, this should not be a reason not to know and understand the reasons why such differences exists.

Warm regards.


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