Madhu.T.K
Industrial Relations And Labour Laws
Tsivasankaran
Consultant
Sumitk.saxena
Service/manager-hr
Hemantkondhalkar
Officer Hr At Western Refrigeration Pvt.
Rranjan779
Assit Manager
Couvery
Consultant
Mpebhr
Am Hr
Sonny2511
Business Development Manager
Mahendra12
Mathematics
Jawwadkhang@gmail.com
Human Resource And Organization Development
+7 Others

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 .
Regards
Kavita Rao
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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.
Madhu.T.K
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.
Regards,
Binod
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
NCL, CIL
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
It should be 2 days deductable and one holiday as the holiday is a gazzetted public holiday. Same rule applies if the person is on MC day before and after holiday. Cheers. Sonny
Dear Kavita R.,
As you mentioned, he was absent during the period from14th. August to 16th. August and you had no information. The leave without pay (LWP) will be inclusive of Holidays or Weekly Off days which may intervene.
Therefore, you can deduct three days wages.
Mohan.
In my view if an employee is absent from 14/08/2013 to 16/08/2013 having no leave balance then in this case the benefit of national holiday i.e 15/08/2013 will be granted to him, then on the abovesaid period the lLWP days will be 2 instead of 3.
Thanks & Regards,
From,
Sumit Kumar Saxena
Dear All, I would like to know if festival holiday & off day (sunday) comes in between the leave period,should we treat it as leave only? Pls comment. regards sreedevi
It depends on the organisations policy .Some organisations do not include week offs while calculating leaves. However ,in case where an employee is at LWP,he is not entitled to be paid for those weekoffs.
if festival holidays & week offs comes between the leave period then the leave period should be excluded from festival holidays & week offs as beacause leave should always be granted in lieu of working days instead of holidays & week offs.
sumit
Dear Ms Kavita
Due to national holiday on 15th of August,You can't count it as leave taken and in a National Holiday if Employee is working then as per labour laws,we should pay them double salary or Comp Off. so you can deduct the payment of rest of two days.
Regards
Rajeev Ranjan Shrivastava
H.R Executive
DS Hotels & Resorts (India) Ltd.
Let me add one more thing, that sandwich holiday is given as holiday and not as leave only if the suffix and prefix of holiday are PAID LEAVES and in the case of LOP this rule will not apply.
Madhu.T.K
If the law on national and festival holiday of the state provides that if an employee works for certain No of days during a specified period before the holiday( as in Kerala) then he shall be paid salary for the holiday ,then he is entitled for salary Irrespective of the fact that he was on LOP on the day before and after the holiday,if he satisfy the condition.
Varghese Mathew
I quote Tamilnadu national and Festival Holidays Act 1958. I presume most of the States have similar provision

" Provided that no such employee shall be entitled to be paid any wages for any of the Holidays allowed under Section 3 other than the 26th January,the 1st May,the 15th August and the 2nd October unless he has been in the service under the employer for a total period of 30 days, within a continuous period of ninety days immediately preceding such Holiday"

The Act does not specify any condition for all four National Holidays. If a person joins on 14th August, he is eligible for paid holiday on 15th august.

I reproduce certain portions of two judgements

1. Madura Coats Limited vs Inspector of factories 1981 (I) LLJ 255

" "It is true that where a strike is neither illegal being not in contravention of any statutory provision, nor unjustified having been lodged as protest against the unreasonable attitude of the management, there is no reason to deprive the workmen of their wages"

2. Dasappa vs Labour Court and another 1970(I) LLJ 485

"The proviso is applicable only to sub section (3).The word "such" used therein makes the operation restricted. If it was the intention of the legislature that the proviso should cover the entire section, the word "such" would not have been used there; the proviso would have stated a categorical proposition n by laying down "provided that no employee shall be entitled to be paid" The word " such" necessarily has reference to the two categories of employees referred to in sub section (3)

the requirement of an employer satisfying the need of service for thirty days within a continuous period of ninety days immediately preceding the holiday would apply to such workers if they were to claim their rights to wages for the Holiday There is no doubt that the explanation is only to the proviso"

hence only the following two categories need to fulfill the condition specified in the proviso

This sub-section provides for payment of wages for two categories of employees -

(1) an employee who is paid wages by the day, i.e., paid his wages at the end of each day as soon as he completes his work for the day;

(2) an employee who is paid at piece rates.

All other employees are eligible for wages for National and Festival Holidays immediately on joining.

Having said this, the question here now is whether he or she need to be paid for a Holiday, if it is sandwiched between two Loss of Pay Days.

The answer to this lies in the answer for the following question.

If an employees is on loss of pay leave for 14th august and 16th August, and if he is called to work on 15th August and if he works on 15th august, what is the rate of wages he will be paid?

The answer is he will be paid twice his normal wages.

If he has to be paid twice his normal rates of wages if he called to work on a Holiday, with same stretch of argument, it can be deduced that an employee is eligible for wages for a National or a festival Holiday even he is sandwiching the same with two Loss of Pay leave
Dear Sir,
In the Act there is no provision to 15th Aug if a person absent on 14th and 16th.
It will be the policy of management whether to give with pay or not. Legally he will be eligible for pay for 15 Aug.If it goes to the court of law, doing loss of pay will not be valid.
D.Gurumurthy
HR&IR Consultant,
Hyderabad.
Mahendra12. Hi everybody, as per the new policy of government consider a leave of working days only not include any type of holiday.
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