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Hi,
if an employee is on leave or absent from duty on duty 14 aug to 16-aug. is he eligible to get paid holiday(15-Aug)
From India, Bhogpur

Yes
undoubtedly sir...goahead..
From India, Nellore
Dear Mahesh;
Leave means an employee is not available for work. If an employee is not available for work on 14, 15, 16 August then 15 August will also be leave. But if the leave of 14 and 16 is sanctioned in advance then 15 will be a paid holiday and not leave. It is upto the sanctioning authority whether to sanction leave on 14 and 16. In case of Sick leave, if the person is sick on 14 and 16 then certainly on 15 he is sick and not entitled to paid holiday.
Vibhakar Ramtirthkar, , 9371001906
From India, Pune
Any holiday that is in the middle of continued leave or absence is counted with that leave or absence
If the person is not on duty on both days before and after the national or festival holiday he gets marked absent for the holiday also
It does not matter whether the leaves were sanctioned prior or not. It would however be a good idea for you to check your standing orders to see if any other provisions have been put with regard to this
From India, Mumbai
For National and Festival Holidays there is no law at national level. It is governed by laws passed by respective states.Usually the Act specifies the condition for wages to be paid for holidays.Usually no condition is prescribed for national holidays like Aug 15th.So normally employees shoud be paid wages for such national holidays.
But if the employee is on leave for a long period covering that day,then why should he be paid.Eg if a person is already on sick leave from 10th to 20th,can we say that the sickness be given holiday on 15th.
From India, Thiruvananthapuram
Under the Factories Act (Central Act), any holiday or weekly off day coming in between two leave days (say, if 14th and 16th are leave days and 15th is a holiday), should be treated as holiday only and employee should not be marked as leave or no leave should be deducted from his stock of leave available. But this is the case where no other leave, like casual leave or sick leave, is available but only earned leave or annual leave with wages as is referred to as under Factories Act is available to employees. Under Shops Act there are provisions for CL, SL and PL, but most of the shops Acts do not have any provision like that of Factories Act. Similarly, the state Acts on National and Festival Holidays also do not have provisions relating to treatment of holidays which comes in between an employees' tow leave days. In the absence of such specific rule regarding treatment of sandwiching holidays, the rules of the organisation may prevail. Therefore, for establishments not covered under Factories Act, I believe that there is nothing wrong in making an arrangement so that holidays coming in between two leave days shall be treated as leaves and not holidays.This will prevent employees from misusing the holidays. many companies permit Casual leaves suffixing and prefixing a holiday but not sick leave or PL.
Madhu.T.K
From India, Kannur
If he/She is workmen then entitled for Paid Holiday(Daily rated), if he/she is Employee(30 days rated), then 15th.Aug, will be treated as Leave/Absent.
From India, Mumbai
#Anonymous
There are difference between national holiday and week rest, if no work immediately before or after week rest no entitlement for the week rest but in case of national holiday these rules will not apply at all, company have to compensate national holiday without prejudice unless appropriate disciplinary action had already initiated against the concern and even it will not apply in case of holidays other than National Holiday.
NOTE: Week rest is a provision to give relax to the workman/employee.
Regards/Shravan
From India, Gurgaon
#Anonymous
Hello sir i think it is unnecessary and un wanted drag on discussion...
national festival holiday is universally known as paid holiday to all employees. pls never try to harass ur employees.try to extract inventory work from ur employees with pleasing culture...Bossism is a fAilured effort used once in U.S.A.
indian style of approach follow for good results..
From India, Nellore
So many person has replied as per their understanding which results there is no conclusion (someone is saying to treat like this,someone are saying do like this which results a mess.
Can anyone conclude in right and legal answer for the query
From India, Jaipur
Yes of course. He is eligible for it.
From India, Bengaluru
Dear All
In Tiruchengode Mills Workers Union v Industial Tribunal, Madras (1964 (2) LLJ 404), Madras High Court has held that the right of the workmen for holiday with wages is subject to the right of the employer given under sub-sec (2) of Sec 5, to call upon the workmen to come and work on such Holidays. Therefore in case of continuous absence, leave or strike, employer need not give holiday with wages.Regards.
N Nataraajhan, Sakthi Management Servies (Hp : + 91 94835 17402 ; E-mail : )
From India, Bangalore
#Anonymous
Leave Rules are basically for minimum leave to be given, categories of leave like CL PL SL. During Privilege Leave (Earn Leave) National Holidays are excluded. As far as National Holiday is concerned I do not find any reason of marking CL SL leave on National Holiday and also do not find any exemption for the same if any employee remain on leave before and after such Holiday.
You may include the same in your Standing order if you want so.
Regards
RB
From India, Mumbai
Dear Mahesh
I think this has not happened for the first time in your organisation, follow the leave rule of your organisation. You need to determine the category of your organisation and follow relevant rules of the state where it exist, if no set leave rule is there.
One need to understand what is a paid holiday. If a person works on any paid holiday is paid ordinarily double the rate of wages or a leave in lieu of wages or as per the rule of that state.
There are several set rules framed under diffrent acts on interpretation of leave & holidays i.e. National & Festival Holidays Act-1963, Factory Act-1948, Shops & Commercial Establishment Act and The Industrial Employment (Standing Orders) Act, 1946, etc. There are organisations do not consider 'Paid Holiday' in leave for example on three days of leave, the leave is considered as two days.
From India, Mumbai
Dear Mahesh,
In our organisation if we take upto 3 leaves it will considered as CL and more than 3 leaves it considered as PL. If employee is availing CL then it will not count in any Sunday / holiday in between leaves but if employee is availing PL then it will use sandwich leaves, i mean all the Sunday/ holiday falls in between leaves will be count. so as per your query August 15 shall not be considered as leave as he has taken leave one day prior i.e. on August 14 and one day after i.e. on August 16.
From India, Gurgaon
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