Understanding Paid Leave Deductions: Do Weekends Count During Extended Leave?

I am working in a software company. I have 5 working days.

I took maternity leave from 3rd December to 1st March. Then, I took 2 more months leave, i.e., till 30th April. I have 37 paid leaves. I want to use my paid leaves. Paid leaves are given based on the gross salary in my company.

I want to ask, while giving me the benefit of paid leaves, will they include holidays (i.e., Saturday and Sunday) or not count them? To explain this further: March - 22 working days. So, while giving me the salary for this month, will they deduct only 22 paid leaves from my 37 paid leaves as there are 22 working days and 8 holidays? Therefore, 15 paid leaves will be left to be paid in the month of April. Or, will they deduct 30 paid leaves from my 37 paid leaves, leaving 7 paid leaves to be paid in the month of April.

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Dear Nisha,

When the leave is taken continuously, generally the week off and holidays are also included and considered as part of the leave. In your case, all 31 days will be deducted from your leave balance. However, this may also depend on the company policy. I recommend checking your company's policy in this regard.

Regards,

Thanks, Sumi. The information was quite useful.

In my case, my HR manager sent an email on 4th April stating that March had 22 working days (excluding weekends). Therefore, they gave me full salary for March and deducted only 22 paid leaves from my 37 paid leaves, considering there were 22 working days and 8 holidays. This left 15 paid leaves to be taken in the month of April. However, a few days ago, they sent me another email stating that they would now count weekends as well, and thus deducted 31 paid leaves for March, leaving 6 balance leaves. They mentioned that there was an error in their previous communication and are now deducting money from my May salary.

Based on their initial email, I had 15 paid leaves left for April, prompting me to take more leaves in April. If I had known earlier that they would count weekends also, I would have taken fewer leaves in April. They have called me for a discussion on this matter today. What should I discuss in this meeting?

Dear Nisha,

Nothing to discuss. To err is human. Probably, you can mention that based on the earlier calculation, I have extended my leave; otherwise, I would not have extended it. I don't think they will agree to reverse it because they need to follow the rules as per the policy.

Anyways, try your luck. If you manage to get the leave credit back, then it is fine. If not, leave it. We need to follow the rules.

Regards,

Dear Mrs. Nisha,

Under the provisions of EL, any holidays that fall between any EL will be counted as rest or holiday for which the employer has to pay. This is clearly mentioned in Sections 79 and 80 of the Factories Act 1948, on the basis of which you can discuss.

The gist of Section 79 of the Factories Act 1948 is mentioned below: "The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave."

(Feel free to call.)

Thanks & Regards,

Atul Saklani
9882166720

Hi Atul,

Do you mean that they should not calculate holidays for my paid leaves? In my case, March had 22 working days. So, while giving me salary for this month, should they deduct only 22 paid leaves from my 37 paid leaves as there are 22 working days and 8 holidays? This would leave 15 paid leaves to be paid in the month of April. Or, should they deduct 31 paid leaves from my 37 paid leaves, leaving 7 paid leaves to be paid in the month of April?

Thank you.

Hi Nisha,

Yes, they should not deduct the holidays from your earned leave as these are the leaves for which you actually worked earlier.

Thanks & Regards,

Atul Saklani

98821660720

Hi,

My company provides earned leave in a year, i.e., 24 days. I have already taken more than 12 leaves until June, and now I have given notice period as I am getting married. However, the management is stating that I have to pay them back 12 days of earned leave. I am really confused about why I should pay the company. Please tell me, do I have to pay the company for the 12 days of salary?

Thanks,
Moonmoon

Dear Arpitha,

As mentioned by you, the Earned Leave given to you is as per the law. It should be deducted or repaid. Even if you have any unavailed leave in your credit, then the company should encash the leave and make the payment to you.

Hope your query is clarified.

Regards,

Hi,

It's a private company, and we don't have any paid leaves for freshers for at least 6 months after joining. One of my staff members has taken 8 days off, including a Sunday (which is our off day). She claims that Sunday should be a paid day, and her salary should not be deducted. Can you please clarify this situation?

In normal company practice, if Sunday falls on your off days, it is considered a holiday as well. I look forward to your reply.

Thank you.