Labour Law & Hr Consultant
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If an teacher on leave from 04/10/2015 to 15/10/2015. He apply CL from 04/10/2015 to 10/10/2015, 11/10/15 is off day and 12/10/2015 is holiday and his CL is balance is nil, from 13/10/2015 to 15/10/2015 treated as Absent. My quarry is 11/10/2015 and 12/10/2015 are treated as Absent or Paid holiday.
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If the employee reports on 10.10. 2015 or on 13.10.2015, then 11/10/2015 and 12/10/2015 can be a paid holiday. If he is absent 10.10.2015 and also on 13.10.2015, then I think there is no provision for a paid holiday on 11.10.2015 and 12.10.2015. May be, HR has to take a call on this.
This type of questions on leave relating to combination of several kinds of leave at a stretch or clubbing the leave period with normal weekly-off or declared holidays which may fall just before or after or in the middle of the leave period seems to be oft-repeated in the forum. In the realm of industrial employment, leave of absence from work necessitated by certain contigent circumstances is recognized conceptually not only as a welfare measure but also as an impetus to retain efficiency of labour in the long run. That's why we find leave provisions invariably in all the establishment-related labour legislations. There is no uniformity in the leave provisions because the nature of activity differs from establishment to establishment. Similarly, the difference between leave and holiday should also be borne in mind always. Leave, depending generally upon its nature, requires the express permission/approval/sanction of the employer to be away from work whereas holiday implies a blanket permission unless the prior requisitioning by the employer to work subject to alternative arrangements. In other words, leave and holidays can not be permitted to be a deterrent affecting the work-flow of an organization. Therefore, the statutory exercise of fixation of leave and holidays allowed to employees has to stop with their types and minimum numbers only. All other things incidental are to be determined by the leave policy of the organization as well as the common sense application of the leave-sanctioning authority.
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