Navigating Leave Policies: How Do You Handle Weekly Offs and ESI Coverage in Your Workplace?

Dear Seniors,

Can anybody tell me the procedure for giving CL and SL and giving weekly offs? I work in an establishment where I face a typical situation:

1. The employee is taking a 5-day leave. Can he be given a weekly off for that week (leave from Monday to Friday)? To my understanding, I think we need not give such weekly off as he has worked less than 5 days a week.

2. Some people tell me that for people having ESI coverage, they can't have sick leave as they get the payment for the same through ESI. My query is, if a person takes (under ESI coverage) 2 days leave, can we adjust 1 Casual Leave and 1 Sick leave even though he is covered under the Act?

Looking forward to a speedy response in this regard as I am working on the salaries of staff. Hope to have your expert suggestions and opinions.

Warm Regards,
Balakrishna.

Dear Bala,

1 CL & 1 SL are allowed in a month. To avail SL doesn't mean he has to necessarily report to ESI. He wouldn't have had the necessity to go to the ESI Dispensary but would have thought to take rest at home for a headache.

Only when he is hospitalized for some reason and suffers loss of pay as a result of it, he can go for medicine and approach ESI to recover the payment. Based on his available quota, just go ahead to grant leave as long as his production head doesn't object. HR has to adjust accordingly and cannot be so rigid in not sanctioning it. If there is no casual/sick leave quota balance on hand, just mark loss of pay for the said days, or adjust them with the available CL and SL mix. Just mutual adjustment.

HR need not worry. Just have a word with him as to which category of leave HR has to make use of. That's it.

Regards, Chandru

Dear Mr. Chandru,

Thank you for your speedy response. I also need clarification on the weekly off policy. Is it necessary to provide a weekly off to an employee who has been absent for a week, in which case they would still receive their salary for Sunday?

Additionally, could you please inform me who is the designated authority under the Gratuity Act to whom the notice of opening has to be sent in Form A?

I would appreciate your prompt response.

Warm Regards,
Bala.

Dear Bala,

For your Point No.1:

As per the Shop & Establishment Act, Sunday is a weekly off and it is a paid holiday. Suppose an employee has enough leave quota and has availed leave from Mon-Sat. You have to grant him Sunday as a holiday. In case he has no leave balance on hand, then he suffers a loss of pay for the said days, and you can add Sunday into the loss of pay if he avails leave on Monday too. Even if he is a frequent absentee, you cannot deny Sunday.

When Sunday overlaps CL or SL leave days, don't consider Sunday as LOP. As per the rule, Sunday is off. If lengthy EL is availed, then all government holidays and Sundays falling inside will be taken for LOP calculation.

Authority under Gratuity Act:

The Assistant Labour Commissioner/ The District Labour Officer (Nandanam) is the appropriate authority under the Payment of Wages Act and Payment of Gratuity Act for companies in Chennai.

By the way, where are you working, Bala? I would be glad to know your contact details and your resume. You can email me at chandruselva@yahoo.com.

Hope your query is answered.

Regards,
Chandru

Dear Seniors,

I am Selva from Chennai. Tomorrow, I am going to attend an interview for the position of accounts assistant. It has been 6 months since I last worked in the accounts department. I require all tax details such as Service Tax percentage details, TDS percentage details and calculations, and PF details.

Please assist me urgently.

Thanks & Regards,
Selva

Is there any clause under the Shops and Establishments Act which talks about the basic medicines to be kept at the workplace?

Not so specific but all medicines falling under first-aid administration include Dettol soap, Tincture, Dettol/Savlon solution, scissors, surgical cotton, gauze, Nebasulf dusting powder, band-aid, Iodex, and Amrutanjan or Tiger balm. Crocin (for fever), Gelusil (for gastric issues), Coldact/Coldarin (for cold/fever), Loparet/Lomotin/Eldoper (for stomach upset or loose motion), Paracetamol (for general fever or body pain), and Vicks or Strepsils.

These are general/common medicines available anywhere.

Note: Some staff members make it a point to come to the office and take medicines free of cost or collect them to keep in their bags for future use. They will not leave anything, including purgatives...LOL! Keep an eye on them.

Regards,
Chandru