Industrial Relations And Labour Laws
Officer Hr At Western Refrigeration Pvt.
Am Hr
Business Development Manager
Human Resource And Organization Development
+6 Others

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Dear All,
This is a query regarding leave without pay policy .We have a case where in one of the employee was absent on 14th &16th August,15th August was a Gazetted holiday .Since he did not have any leave balance .His leaves will be leaves without pay .Please advice whether lwp should be for three day or two days .
Kavita Rao

No doubt, leaves without pay will be inclusive of holidays or weekly off days which may intervene. Therefore, you can deduct three days pay. Madhu.T.K
Well, whatever the reason but being a national holiday on 15th August, you can not count it as a leave taken and you can deduct the payment for rest of the two days.
Yes, due to national holiday on 15th of August,You can’t count it as leave taken so you can deduct the payment of rest of two days. Rajesh
Will you pay for the four national holidays if a person has been on leave without pay for the entire year? No. The same ruling applies here also. There is nothing wrong in refusing to pay salary for a holiday if the suffix and prefix of the said holiday are unpaid leaves.

Either it is national holiday or public holiday or weekly off............ If you are absent for 2 days, i.e. after and before of mentioned holidays............, we should count it as 3 days.

Hello Kavita,
The established practice in a PSU under Central Govt. is that if an employee is a permanent employee, i.e. he is not a probationer/casual/badli/ apprentice employee, he is entitled to full wages for national holiday(s) falling in the month if the employee has put in even one day of attendance in that month. However, no wage is paid for national holiday(s) if he is absent for the entire month. I am not sure if there is any such rule in black and white, but it is followed.
Best of luck
AK Jain
HR Personnel

Yes leave would b inclusive o. 15 Aug and you will have to consider him on 3 days leave without pay
In fact this rule is called "Sandwich Leaves Rule". If an employee takes leaves like one day before Sunday i-e called "Off Day" and one day after Sunday then this will be called "Sandwich Leaves Rule" then HR/Payroll/Employer can deduct (03) three days collectively as Unpaid Leaves. But as the case of Gazzetted Holidays like 15th August no one cannot make it as "Sandwich Rule" so only (02) Two Days will be deduct as Un Paid if there is no leave balance in his account or he/she is in Probation Period.
Dear, Generally organizations form polices where prefixed or suffixed day of any holiday considered as a Leave Without Pay. So you can cut 3 days pay. Please check your org. policy

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