Greetings, Sir; I have a doubt - our employee applied for leave from Monday to Saturday (6 days), and his EL Balance is 4. Will Sunday be counted as a weekly holiday or LOP? Please clear doubt.
From India, Bengaluru

The treatment of Sunday in this situation would depend on the leave policy of the organization and local labor laws. Different companies may have different policies regarding the treatment of weekly holidays in conjunction with leave.

In some organizations and regions, if an employee takes leave from Monday to Saturday, Sunday may be considered a part of the weekly holiday and not deducted from the employee's leave balance. In this case, the employee would be considered on leave for the entire week (Monday to Saturday), and Sunday would be treated as the regular weekly holiday.

However, in other organizations or under labour laws, Sunday may be considered separately, and if the employee wants to take Sunday off as well, it might be treated as an additional day of leave, resulting in a deduction from the employee's leave balance.

To get a clear answer, you should refer to your company's leave policy or consult with the HR department to understand how leave is calculated and how weekly holidays are treated in such scenarios. Additionally, it's essential to be aware of labour laws that may govern leave policies


From India, Bangalore

If the employee is returning to work on Monday, then no way the preceding Sunday will be marked as LOP.
From India, Kannur

There is a technical consideration.
I hope Mr. Madhu will agree
(note we do not know if this is a factory or office and which state).

Minimum wages act and factory act both require employer to provide a paid weekly off for working for 6 days in a week. Official holiday and approved leave is considered as working. However, in this case, 2 of the days is LWP. So from a technical point of view, the employee has worked 4 days and not eligible for paid holiday.

However, taking such a narrow and unfair view is counterproductive. Employee morale drops and people will leave as other companies become more attractive as an employer.

From India, Mumbai

I agree with my friend Saswata. But in a facility wherein 7X24 hours working is available the same can be enforced where we can staggering of weekly off is possible. In the case of daily rated workers also the same can be applied. But in an arrangement where Sundays are closed, if we take 32 hours work (4 days leave with pay with 8 hours per day) for the week, if his weekly off is marked as leave without pay, then the cycle will change. Moreover, the Minimum Wages Act only says that after every 6 days working an employee shall be given a holiday of 24 hours and it need not be paid holiday/ weekly off day. The wages for the said day is already included in the working days. That is why the daily average of wages is calculated by dividing the monthly salary by 26 and not by 30/31.
From India, Kannur

The settled law is employee goes LOP in case not having leave balance in his account. To consider Sunday under leave depends on your company adopted policy. If company is sanctioning leave on days of presence then Sunday can't be count in leave or otherwise countable. Since this phase of period at close of calender year, your management should consider the excess period of leave under advance and deduct the advance leave from the leave earned at close of calandar year.
From India, Mumbai

The treatment of Sunday in this scenario would depend on your company's leave policy and local labor laws. Different organizations may have different policies regarding how they handle weekends in conjunction with leave periods.

Here are two common scenarios:

Sunday as a Weekly Holiday: If your company considers Sunday as a weekly holiday and the employee has applied for leave from Monday to Saturday, Sunday may be considered as part of the weekly off. In this case, the employee might not be charged leave for Sunday.

Sunday as Leave Without Pay (LOP): Some companies treat Sunday separately from the weekly off, and if an employee takes leave from Monday to Saturday, Sunday might be treated as Leave Without Pay (LOP). This means the employee would be deducted an additional day from their leave balance for Sunday.

It's crucial to check your company's leave policy or consult with your HR department to get the accurate information regarding how leaves and weekly offs are calculated. Additionally, local labor laws may also have an impact on how leaves are treated, so it's essential to be compliant with those regulations.

From India, Kolkata
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.