Queries
Dear all Seniors,
I am working in a packaging company as a HR Assistant. If I take a leave before 15th aug i.e. 16th aug & 17th Aug. So it should be count as 3 leave or not.
Leave as 14th Aug.
Restricted Holiday 15th Aug
Leave 16th Aug.
awaiting your response.
Regards,
Savita
6th August 2014 From India, Lucknow

PARTICIPATING IN DISCUSSION:
Jeevarathnam
Sr. Manager Hr/admin
Adoni Suguresh
Sr.executive (per & Adm)
Prathapsvumba
Hr Executive
GAYA16
Hr Executive
+4 Others

Hi Ms Savitha
This type of leave is called as Sandwich leaves. As per shops & commercial establishment act if any employee is availing leave before & after holiday then company can treat it as 3 days leave. IE as 15th Aug is National Holiday (Govt Declared Holiday) and 14th & 16th if you avail leave then it can be treated as 3 days leave
But in few companies as employee benefit they will consider it as only 2 days leave. If at all you have the leave policy you can follow else ask your management and proceed
It changes from company to company
6th August 2014 From India, Bangalore

Dear All,

Hope you guys are all well. I have some question on various leave issues. If any employee of Industry take 2 days leave (1 is before weekly holy day / Govt holy day and another is after holy day) than It should be count 3 days casual leave or 2 days casual leave? Secondly, if any one have 12 days annual leave & 8 days casual leave in-hand meanwhile he wants to take 1 day leave after weekly holiday than is it right to deduct 1 day leave from his annual leave? If not, Why? Thirdly, In a accounting year (July - June or Jan - Dec) 10 casual leave accepted. But is their any provision that, 10 days leave for 12 Months (As per labour law - 240 working days = 1 year) So, Per month casual leave is 0.83 day. if any worker / employee wants to take 3 days casual leave in the 2nd month of a accounting year. In this scenario, is it possible to consider him 3 days leave? Also, In this regards my comments is - He works only 1 month, so he is eligible for only 0.83 days leave, How can I approve 3 days casual leave? On the other hand, Where 10 days CL due unavailed so, its doesnt matter to approve 3 days leave.

So, I need yours concrete guidelines, please.

With kind regards,

Sabyashachi
6th August 2014 From Bangladesh, Chittagong

Dear Savita,
In response to query, What are the leave types available in your company. If there are CL and EL/PL. The the employee can avail two CLs before and after Holiday/Sunday. only two leaves will be calculated. Festival/National/Public Holiday/Sunday will not be counted as Leave. If it falls intervening EL.. then the holiday will be treated as EL only. Again it will be depend on your company leave policy. If there are no Leave rules till now, you can follow this. I think I answered your query. If you have still confusion, Please le me know at / 9902889283.
Regards
T.Prathap,
HR Executive,
9902889283,
Narayana Hrudayalaya.
7th August 2014 From India, Madras

Keeping in view the welfare of the workers, company may relax leaves to some extent. If you speak, strictly, what Mr T.Prathap, HR Executive mentioned is quite in order. But I wonder to see that 15th Aug as Restricted Holiday. Is it????
8th August 2014 From India, Nellore

HI All,
National Holiday cannot be a Restricted Holiday to any establishment. The festival Holidays can be restricted subject to agreement with the workers union. List of hoilidays are to be prepared and displayed on prominent place of the Company/establishment.
Now prefixing and suffixing of the holidays or weekly day of rest. In this case, only Earned Leave so called as Privilege Leave can be prefixed and suffixed to the holidays. The intermittent holidays are exempted from the leave period. I repeat only in case of EL/PL. In case of CL/SL either can prefix or suffix to the holiday but not both. In case of sickness the intermittent leave or weekly holiday shall count in the leave period.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
9th August 2014 From India, Bidar

Hello,
Its always advised to have a clear cut leave policy in the organizations to avoid such confusions. The statutory Acts are not very specific about suffix/prefix or considering intervening holidays as leave. Acts have specified how and what is the eligibility. The leave structure and policy of the company depending on the various applicable Acts as base and making a employee friendly and employer benefited lies on the management. To cheat benevolent employees, the management may make such irrational policies. On the other side to control the absenteeism level also.
Regards,
9th August 2014 From India, Bangalore

Hi,
National Holiday cannot be treated as Restricted Holiday, It is against the norms and policy of the Govt of India.
In the instant case an intervening National holiday of Independence day shall not be counted as leave, it being the National Holiday. However,an intervening holiday/weekly day of rest is not counted as leave if it is Casual leave but will be counted in any other type of leave.
S.K.Johri
9th August 2014 From India, Delhi

Yes, you are right Jeevarathnam. As for Savitha, you have to talk to the personnel incharge to have a clear answer on this. Maybe your company considers it. And by the way, it's already the 20th of August so I am a bit late I guess. I just wanna ask, how did it go?
20th August 2014 From Philippines, Cebu

GAYA16 1
Dear all,
Greetings for the day!
i have a little confusion in terms of leave, request you all to kindly re-solve this problem.
as per the company where i work in we have entitled PL, Cl, Sl, CO (comp off, is entitled to take a leave if he/she work during weekends & other holidays) and also the company grants 7 days marriage leave, if incase somebody has taken 20days leaves which include weekends as well, so kindly tell me how to adjust the leaves taken, can i adjust with the above leaves as mention above and also do we include the weekends holidays for 20days leaves.
eg, 20days leaves taken
which include 4 weekends
so, the rest 15 days
should i count on the 15 days or 20 days
Please clear my confusion asap.
with Warm Regards
Gaya
3rd February 2015 From India, New Delhi

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