Madhu.T.K
Industrial Relations And Labour Laws
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Community Manager
Consultme
Agile Solutionist
BrajSingh
Sr.php Developer

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Hello Sir,
I Am Working In An IT Company as a software developer. I Came To Know That My Company Follows The Sandwich Leave Policy. I Just Wanted To Know Whether The Sandwich Leaves Are Counted At The Time Of Festival. I.E. Now As If Holi Is Coming I Wanted To Inquire That My Company Is Offering Holiday On 23rd(wednesday) & 24th(thursday) March 2016 . But If Any Employee Takes Leave On 25th(friday) March 2016 and after that weekdays off(Saturday & Sunday). Do I Need To Calculate It As 1 Days Leave Or 5 Days Leave.

Greetings, It is one day leave. Please don’t calculate it for 5 days
Hi Braj,
What you have mentioned would be a specific practice of your company. So with the given information, somebody can not tell you how many days will be deducted. This is as per your company practice and has nothing to do with the prevailing labour laws ( for your case, shops and commercial establishment rules). I can given similar examples
1. Deduct 4 days of leave when employee avail leave on Friday and Monday ( Sat & Sun - Week Off)
2. Deduct 3 days of leave when employee avail leave on Fri ( Thu - Holiday, Sat & Sun - Week Off)
3. Deduct 1 days of leave when employee avail leave on Thursday ( Fri-Holiday, Sat - Week Off)
4. Deduct 2 days of leave when employee avail leave on Sunday ( Fri - Holiday, Sat - Week Off)
etc.

In order to be called a sandwich leave both the end should be open or leave days. Therefore, if you had working day on Friday, then the prefix will be Tuesday (Wednesday and Thursday being holidays) and suffix will be Monday (Saturday and Sunday being weekly off day). If any employee was on leave on both these days in addition to Friday, then only he would lose the holidays and weekly off days. That also depends on how you have framed the leave policy. There is no legal sanctity for this practice. The commonly accepted practice is that if the leave days are granted as CL, then only the absented days will be marked as leave and if it is PL or SL, then all the holidays/ weekly off days will be counted as leave days. Therefore, if he was present on Tuesday and is taking CL on Friday, he will get the benefit of all the leaves and weekly off. Similarly, if he was on leave on Tuesday but reports to duty on Monday, then also he will get the holidays and weekly off days.

Again under the Factories Act, the Pl is to be counted independently and the holidays and weekly off days which may intervene two PLs should not be counted as leave.

Madhu.T.K

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