No Tags Found!


kamal-gupta4612367
Hello all, I wanted to know about the sandwich leave policy.
Suppose an employee is taking leave on Tuesday and Wednesday, Thursday, Friday, and Saturday and he joins work again on Monday. Will the sandwich apply?
(My hr has cut the salary on Sundays and by taking this much leave, which was one pl of the month, that leave was also deducted and not counted in those holidays)
So what would be the scenario? Will the sandwich apply? Or will balanced leave be deducted and no sandwich imposed?

From India, Bengaluru
DIPTI SRIVASTAVA 83
24

https://www.taxreturnwala.com/sandwich-rule-labour-laws-in-india/

DIPTI SRIVASTAVA 83
24

In the scenario you mentioned, where employees takes leave on Tuesday and Wednesday, and then again on Thursday, Friday, and Saturday, with the intention of creating a long weekend, organizations might handle it differently based on their policies:

Sandwich Leave Policy: Some organizations might have a policy that considers the Sunday between two blocks of leave (such as Tuesday to Wednesday and Thursday to Saturday) as a "sandwiched" leave day. In this case, the employee might be required to apply for a leave on Sunday as well, and it would be treated as part of the continuous leave period. The employee's total leave count for the week would include Sunday.

Balanced Leave Deduction: Other organizations might deduct the actual leave days taken (Tuesday to Wednesday and Thursday to Saturday) without considering the Sunday as part of the leave period. This would mean the employee's total leave count would not include Sunday.

The specific policy and practice can vary from company to company. To determine the exact approach followed by your organization, you should refer to your company's leave policy, employee handbook, or consult with your HR department.

If your organization's leave policy is not clear or you have concerns about how your leave was managed, it's recommended to reach out to your HR department for clarification. They can provide you with the accurate policy information and explain how the leave was calculated and deducted in your specific situation. If you believe that there has been a mistake or an unfair deduction, you can discuss the matter with your HR department for resolution.


Madhu.T.K
4225

If you follow Factories Act, the weekly holidays or holidays intervening two the annual leave (Earned leave) should not be counted as leave. That means no kind of any sandwiching is possible in the case of earned leaves. This is because the earned leave is "earned" based on the number of days worked in the preceding year. The number of days worked for this purpose does not include any weekly off days or holidays.

If your organisation is a shop coming under the state's Shops and Commercial Establishments Act, there can be some difference. But in respect of earned leaves, many states have common rule that the holidays coming in between two earned leaves should not be counted as leave but holiday or weekly off, as the case may be shall be allowed as such. At the same time, Casual leave and Sick leaves as admissible are in numbers, say 12 days or 7 days per annum and they have no bearing on the days worked in the preceding year or are not earned , can be sandwiched. The logic is that SL is taken when an employee falls sick and if he is sick on Saturday and Monday, obviously he should be sick on Sunday also and he cannot say that he was okay on Sunday.

From India, Kannur
pvenu1953@gmail.com
125

The rule position in respect of Government employees is that holidays falling at the commencement and/or end of period under Earned Leave could be suffixed and/or prefixed. As regards to Medical Leave, the entire period covered by the medical certificate till the employee certified to be medically fit would be treated as leave.

Period spent on Casual Leave is treated as duty. Hence holidays could be sandwiched.

From India, Kochi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.





Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2024 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.