Rkn61
Hr Manager
Apex Management
Labour Laws Consultants
Adoni Suguresh
Sr.executive (per & Adm)
Ankitchaturvedi
Manager - Hr Excellence
+3 Others

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Hi All,
I work in an HR in IT company where there was recently an Audit done and as per the feedback shared by the auditors they have mentioned that when an employee takes long leaves and a Holiday comes in the middle , that holiday will also be considered as a leave and not a holiday .
Should i follow that ..as a rule or that can be skipped in the interest of the employee.
Also there was another thing that was pointed out by the auditors that when an employee goes on long leave for more than 1 week then in the following weeks saturdays and sundays will also be be considered as leaves eg 2 weeks holidays as per me makes 10 leaves of the employees but as per the auditor it makes 12 leaves .
I am confused , please assist .
Regards
Richa

Hi Richa,
It all depends on the company's leave policy structure.
In keeping the interest of the employees , companies can decide on not counting the regular holidays as leaves when an employee goes on a long leave. It would be motivating factor to the employee.
However, you need to take the decision in consultation with the management.
If your organisation is in the initial stages of the business, then you can decide on counting the regular holidays as leaves whenever an employee goes on a long leave. This is done to discourage the employees on taking long leaves.
Regards,
Alex Praveen

Yes, grating of leave is purely on the basis of Leave policy of company.
Normally, if an employee takes long leave exceeding one week, the intermittent
weekly off shall also be counted as leave. But if National/Festival holidays falls
in between, such days are considered as Holidays, but not as leave.
Leave granting to be done in such a way that the employees are benefitted out of it.
Thanks
R K Nair

The auditors are right, if an employee is proceeding for a long leave and in between a Holiday falls that cannot be treated as Holiday, but as Leave(s). Similarly if the employee proceeds for two weeks leaves it should be 12 days and not 10 days even though you have 5 day working. The Leave can be considered as Monday to Sunday and the following Friday (i.e. 7 + 5 days) which is 12 days. Hope this clarifies your need.
Dear all,
The policies framed by certain companies definitely differs from each others but first of all we should go into the provisions of the applicable laws. It is the management who have to decide and share any benefit over and above to the applicable prescriptions.
The Auditors has rightly suggested and point out - when a employee proceeds on long leave, an national festival, holidays which occurs within a period of 15 days from either ends has to be allowed as national or festival holidays and beyond that is treated as leave.
As far as weekly offs i.e. Sunday or Saturday and Sunday as the case may be are concerned, it is also treated as leave if it falls during the leave period. For instance even a employee proceeds on leave on Saturday and do not attend his duty on Monday, the intervening Sunday will not be treated as weekly off in such case and will be treated as leave.
P K Sharma

Dear Richa,
Leave policy is a part of H|R policies and are defined in by HR in consultation with the Management. Therefore leave policies for every company will differ in some or the other manner.
As rightly pointed out by your auditors and also a standard practice followed in many corporates, any employee who takes leave and there are weekly offs during the period of his / her leave, then the weekly offs are counted as a leave.
Example: if an employee A applies for leave from 2nd June (monday) to 13th June (Friday), so the weekly offs which are coming in the due period of his / her leave will be counted as a part of the leave. Therefore, the total number of leaves will counted as 12 days (including weekly offs) and not as 10 days (excluding weekly offs).
Hope this clears your doubt.
Happy Learning....

Prefix and Suffix are allowed for granting the leaves, however interfix (in between) are not permitted except National Holidays.
Dear Sir,

The management or company if does not have any its own standing order in such case the leave policies to be adopted as per the Factory Rules, Shops and est Act or any others. If the company is providing different types of leaves such as, Casual Leave, Sick Leave and Privilege leave. The Casual leave or sick leave can be given to an employee at the discretion of the management. But privilege leave should be as per the specified law applicable to the establishment.

As regards intermittent holidays between the leave period, in case of Privilage leave or earned leave does not be counted in leave period and to be exempted in leave period. In case of Casual and Sick leave granted these are to be included even in the intermittent leave period..

Normally the establishment gives 12 days casual leave, 8 or 12 days sick leave and 1 day privilege leave on every 20 days of working subject to completion of 240 days in a calendar year, and the same are to be available for next year. If the employee joins in the middle of the year, his actual working days should be 2/3 rd of actual working days and on pro-rata he will get the leave.

Adoni Suguresh

Sr.Executive (Pers and Adm) Retired

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