Suppose 7 & 8 November is Diwali holiday and an Employee is on leave on 6 & 9 November than salary will deduct for 6 &9 (two Days) or 6,7,8,9 (four Days)....i Need reference of rules also....
Leave on Preceding and proceeding days of holidays will Be treated as leave. If approved then pay. If not then deduct for 4 days.
Dear Anonymous
No law/act has any prescription for intervening leaves, all depends on your company's policy.
Shailesh Parikh
99 98 97 10 65
Leaves to be deducted is for 4 days as days before and after holidays are leaves. "Sandwich leave" are termed for such leaves. If Employee applies for leave days before and after holidays then the entire period including holidays is taken as leaves. It also depends on company policy as mentioned by Mr. Shailesh Parikh where only leave applied is considered as Casual Leaves.
Leaves has to follow as per the company policy. while preparing leave policy most of the company's CL consider your case
Generally companies tend to follow the sandwich rule however as per law non of the paid holidays can be considered as leave or absent on the prefix and suffix date if the employee have taken the leave.
you can check on LEAVE RULE where you shall get the clarity of the same.
Leave policies are very from company to company. Diwali holidays are 7 & 8 and if employee took leave of 6 & 9 ,whether its approved or not. salry would be deducted of FOUR days ..
It will be treated as four days Loss of pay
Sandwich rule is not right, however it not even unlawful.
But Check your respective shops and establishment act, in most of the SAEA says paid holidays are not to be included in loss of pay as they are already counted as paid holidays.
in your case it should be deduction for 6 and 9 only.
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