PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Industrial Relations And Labour Laws
Partner - Risk Management
PRABHAT RANJAN MOHANTY
Hr & Ir
Doctor Siva Global Hr
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saswatabanerjeeIf the company has a holiday on that day, the employee was not required to report to work. Therefore deducting pay or accounting it as paid leave is incorrect.
From India, Mumbai
Madhu.T.KIt may depend on the situation. If he had applied for Earned leave and the holiday comes in between two EL days, let it be treated as continuous leave. On the other hand, if he had applied for a day's leave for some specific purpose, say, Milad-e-Sherif, and that day was declared as a festival holiday for the whole establishment for the same reason, then he should be allowed holiday and he should be allowed to cancel the leave. In a similar way, suppose, due to heavy rain he is sending a message that he would not be able to come to office and requires a day's leave and you approved it but later on finds that it would be fair to declare the day as holiday due to inclement weather, then also you should treat the leave as holiday.
From India, Kannur
PRABHAT RANJAN MOHANTYDear Devi,
If an employee applies for leave for one day and goes on leave, due to some reason, the company later announces a holiday for that day. In the said case you should consider the day as Holiday for the employee but not as leave. Because as per the rule every establishment declares/notify the list of Holidays( Festival & NH) of the establishment at the beginning of the calendar year and all employees are eligible for any incidental holidays declared later on.
From India, Mumbai
This is a common doubt may will have in their day to day Leave Administration. In the instant quote, a Talent applies Leave for a particular day and subsequently that day was declared as Holiday. In such case how to handle the situation whether we need to consider that day for deduction in leave or not.
Leave according to Webster Dictionary : "Authorized especially extended absence from duty or employment"
Holiday according to Webster Dictionary : A day marked by a general suspension of work in commemoration of an event
A. Situation of One Day Leave and on that day Holiday Declared :
In general parlance "Leave" is applied for authorized absence from duty on a working day of the establishment for personal and other reasons. Hence Leave is taken on a Working day of the Organization. When Organization suspends its work or operation on a particular day and declares " Holiday" then no question of any Leave on that particular day. The Organization or Establishment is not functioning and hence there can be no one on Leave on that day. The Leave applied is nullified for that particular day and leave is not deducted from the leave balance. If deducted one day leave has to be credited back.
B. Situation of Continuous Leave of a Talent for a long period and Holiday (other than National and Festival Holiday) declared for any common reasons for a particular day in between:
We will see another situation, where in a Talent is on Long Leave on some ground say for over a month or two. In such case the holiday arising in between the Leave Days are considered as Leave only (except National and Festival Holidays) as per the Leave Rules approved and practiced in many of the Organizations. In this case the call has to be taken based on the applicable Leave Rules of the particular Organization. In this situation the Talent will continue to be on leave for a further period despite falling of a holiday in between. Here the days are Leave only.
C. National and Festival Holiday falling in between Leave day:
In case of National and Festival Holidays declared and on that day some one is on Leave of any type- In such case that day has to be considered as National or Festival Holiday only and not as Leave.
Have your Leave Policy in clear terms on this so that every Talent will be on the same page and clarity will be there to every one.
Thanks and God Bless,
From India, Chennai
Madhu.T.KUnder which section of any state Act on national and festival holidays it is mentioned that such holidays intervening an employee's long leave will not be counted as leave but should only be treated as national holiday or festival holiday, as the case may be? Will a woman employee on maternity leave get separate count of leaves for the holidays which intervene her 6 month's maternity leave period? NO, never. Holidays, whether national holidays or festival holidays, which will intervene leave days shall be excluded provided the leave is annual leave with wages as prescribed under Factories Act. But the Shops Act is silent as to how to treat the holidays/ weekly off days which intervene leave days. Similar is the case of Maternity leave.
From India, Kannur
In addition to the valuable views given by other Colleagues and in addition to my views given above in the earlier reply, the below points may be added to make the subject simple for the understanding of readers:
1. The term "Leave" is applicable when a person he is supposed/expected to attend duty on a working day or operational day of the establishment/place of business and he/she wants leave of absence for a particular working day/s. Here person or persons will be on leave on their own reasons. But majority employees will work as the place of work and activities of the establishment functions very well as it is a working day.
2. The term " Holiday" is one wherein on a particular day, the place of work or business is shutdown or activities are suspended temporarily for that day on account of holiday on reasons declared. In such case the employee is not expected to come for duty on that day. Here the place of work is under shut down temporarily.
Leave is applied by employee Vs Holiday is declared by Employer
3.Leave like Annual Leave applied and subsequently that day declared as Holiday, then the employee should be allowed to cancel his Annual Leave applied for that day. ( As per the question raised)
4. Further, when someone is not expected /suppose to attend duty on a particular day due to any special reasons /circumstance/ situations, say for instance- ESI Sick leave already applied/ESI disability Leave due to accident, Medical Leave due to accident or Sickness, Maternity Leave etc will not get intervened by any holidays but will continue as it is in its own nature and to be treated as ESI Leave/ Maternity Leave etc.
5. The Leave Rules of the Organization should foresee all such situations and to be documented for clarity and communicated to all employees to understand and follow.
We will also gain more understanding from any other view points of other colleagues further on this subject matter where many of the Organizations follow different practices in reality where as the Law is more or less same and similar in all most all States as far as Annual Leaves under Factories Act or any other Holidays for that matter.
Thanks and God Bless,
From India, Chennai
vibhakarEmployee goes on 1 day leave and company declares that day as Holiday. Possibilities are
1. Employee has applied for and sanctioned 1 day leave but the day of leave has not arrived. Because Company will not declare Holiday afterwards. Employee will come to know about Holiday and he will cancel his leave before he proceeds on leave.
2. Company declares a day as a Holiday subsequently. It will apply for all employees. Since other employees have worked already, company will give them one days salary. Same will apply to leave. He will also get one day salary.
3. Because of situation like Bandh, Company may declare a Holiday but in advance. At times it may be declared early morning considering the situation. In that case company will ask for compensatory working. The same will apply to Leave employee.
In any case I do not feel any company will declare like this. Holidays are declared in January or previous December for whole year.
Vibhakar Ramtirthkar, Pune
From India, Pune