Sunday A Leave Or Weekly Off During The Leave Period - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Madhu.T.K
Industrial Relations And Labour Laws
Adoni Suguresh
Sr.executive (per & Adm)
Kumaran Praveen
Hr-executive
Rprama
Chief Legal Consultant
S B Pandey
Mktg Coordinator/service
Musheedulla Khan
Manager-hr & Ir
Rajashekar.Kayithi
Senior Executive
Revathielangoganesh
Senior Executive Business Development
+2 Others

Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
1) For instant during a leave taken when there is a Sunday or a public holiday how is that considered.
For E.g.: leave during 25th April 2015 to 27th April 2015
Here 26th April is a Sunday.
Leave during: 27th July to 30th July
Here 26th July is a Sunday
Both the Incident Sunday is considered as leave and not weekly off
Please help me understand the leave policy for private sectors
Thank You
Revathi

Hi Buddy,
How you consider weekoff a leave, from above example only 25th & 27th taken as leave not 26th because it falls on sunday (Week-Off).
But above said will differ according to class of employees ( etc Management Staff & Shop floor employees)
The laws is common for both public & private sector, it tells that every person who works for 6 continuous day then the 7th day is usually off.
With Regards
Mr.Thumbs Up

It is true that after 6 days of work, a worker (whether employed permanently or for a temporary period) is entitled to a day of rest. But in the instant case, the worker has not worked for 6 days but was on leave on Saturday. Following that principle, he is not entitled to leave with wages for Sunday.

Now coming to the practical scenario, regular employees are entitled to certain number of leaves of different types, like casual leave, say 12 days per annum, sick leave for 12 days per annum and certain number of privileged leave/ earned leave depending his grade, number of days worked in the preceding year etc. If you follow the Factories Act, any weekly off day or holiday which comes in between two leaves (like that in the example, 26th April or 26th July) should not be counted as leave. This is because leave for the succeeding year is purely based on the number of days physically worked in the current year. At the same time, if you have in addition to earned leave/ privileged leave/ annual leave, any casual leave or sick leave, the same can be as per company policy because as per Factories Act only earned leave is admissible and CL or SL is outside the scope of the Act and is a bonus for the employees.

Now, coming to Shops and Commercial Establishments which are governed by the State Act, there seems to be no such specific mention about how the sandwiched holiday should be treated. Since leaves under this Act are lump sum, like 12 days of CL, 12 days of SL and 12 days of PL, and not based on the actual days present in the office by each employee in the preceding year, there is nothing wrong in taking the entire days including holiday or weekly off day which intervenes the leave days, as leave. A Shops and Com.. Est……Act, as already mentioned, is a state Act and I have put my views based on Kerala Act. The same is the case with Karnataka and Tamil Nadu Act.

Again coming to a practice, most of the firms follow that holiday/ weekly off day coming in between two casual leaves will be counted as weekly off or holiday, as the case may be, and that coming in between PL or sick leaves should be treated as leave.

Justification to the above is that PL is usually taken for a longer period and not for a single day and therefore, the employee may be deprived of the holidays and weekly off days for the reason that he has not been present for these long days. Similarly, if an employee is on sick leave on Saturday and on Monday, it is presumed that he is sick on Sunday also.

Any way, it is always desirable to have a leave policy for the company and communicate it to the employees. If no policy exists, holidays and weekly off should not be clubbed to leaves.

Madhu.T.K

Hi,
In General The Sundays & Public Holidays in between Leaves considered as Leave only.
If any Private Companies are more Employee Friendly They may not consider. I think no such companies exist to not consider as leave.
Regards
Raj

I agree with Madhu. It depends upon the type of establishment as well as leave policy of the establishment. The normal practice in Govt depts is prefixing and/or suffixing holidays to EL and ML but treating the intervening holidays as part of the leave applied for other than in the case of CL.
Dear colleague, Greetings. The leave policy may be as below:
1. For casual/compensatory holidays: The intermitant Sunday is treated as weekly off and not included in such leave.
2. For Earned or other kinds of leave: The Sunday is not treated as weekly off since the employee has not worked in the weekly days before and also after Sunday and it is included in the leave period.
Hope this satisfies your query.
Ramanathan

Leave either can be suffixed or prefixed. Suppose you apply for leave on Saturday and do not report on Monday, your 3 days leave be considered as per practice in pvt.organizations.
As per companies Act, one holiday (i.e sunday or any public holidays)between two leaves, treated as leave. Its private company or public limited. No question arises, employee worked for 6 days or not.
1) If the weekly holiday falls in between the leave days, then the weekly holiday will also be considered as leave.
2) If the leave starts from or ends with weekly holiday, then that weekly holiday will not be considered as leave.

As per Compliance,
All holidays including the week off are excluded to count as leave, even if they are sandwitched. They can be suffixed or prefixed.
Its the organisation leave policy, wherein they clearly mention, that holidays or week off falling between leaves shall be taken as leaves. Just to make leave count easy and clean.


Please Login To Add Reply






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™