How Should HR Handle Privilege Leave When It Overlaps with Weekends?

Dear Sir,

I am working as an HR Officer in an MNC company, and I would like to seek clarification regarding the availability of Privilege Leave.

1) If an employee applies for PL on Thursday and mentions that they will return on Monday since Saturday and Sunday are holidays, should we also consider the weekly offs for PL availability, making it a total of four days?

Thank you,
Shashi

Dear Shashi,

Yes! We consider the weekly off in the PL if he will not join back on Monday. If he joins back and works on Monday, then we have to give him the weekly off.

Regards,
Ranjeet

But, Mr. Ranjeet, there is a problem while doing so. If the company is covered by the Factories Act and only earned leave/PL is in force without any casual leave, then holidays/weekly off intervening such leave days shall not be counted as leave. Please refer to Explanation 2 of Section 79(1) of the Factories Act.

Regards,
Madhu.T.K

Mr. Ranjeet,

It depends upon company policy because some companies work for 5 days. In our company, the policy regarding Annual Leave (AL) is as follows:

1) INTERVENING HOLIDAYS ARE NOT COUNTED FOR THE PURPOSE OF AL. THIS MEANS IF THE EMPLOYEE TAKES LEAVE ON Friday and Monday, he/she needs to apply only for two days.

2) Whenever a company holiday is observed during the vacation (while availing of AL), that day is considered a holiday rather than AL.

Regards,
Pradeep Hegde

Dear Shashi,

You have not mentioned the name of the Act under which your MNC unit is covered or registered. Provisions of a weekly off day are given under The Factories Act, Minimum Wages Act, and the State Shops and Commercial Establishment Act, etc. Factories Act, 1948, section 79 Explanation-2 gives the details of payment of weekly off days and holidays coming in the period of leaves. Rule 23 of Minimum Wages (Central) Rules, 1950, also provides guidelines for payment of the weekly off day. According to this rule, only unauthorized absence will disentitle the employee to have weekly off day payment.

Submitted as required.

R.N. Khola

Dear Sir,

I am working as an HR Officer in an MNC company, and I would like to seek clarification regarding Privilege Leave availability.

1) If an employee applies for PL on Thursday and mentions that they will return on Monday since Saturday and Sunday are holidays, do we need to consider the weekly offs as part of the PL availability, making it a total of four days?

Shashi.

In the case where the employee is resuming on Monday, the leave should be counted up to Saturday only. However, if the employee is resuming on Tuesday, it is advisable to refer to your company policy to determine whether they allow Prefix & Suffix. As Madhu mentioned, if it's a factory, according to the act, you cannot deduct the salary.

Hello, guys. I am a new member and I want help from all of you in this job field. So please help me and tell me about DA. I mean, what is the actual percentage of basic for DA? Please.

Hi Mukta,

I am working with an Ltd company and I would like to know if I can take 12 days of PL. Can I use my PL during my weekly holiday? For example, if I take PL on Wednesday and return to work one week later on Monday, during the 12 days of PL, two weekly offs occur. I understand the first weekly off will be considered as leave, but can you confirm if the second one also counts as leave since I am joining work on Monday? Will my PL be calculated up to Saturday or Sunday?

In the 12 days of PL, will both the weekly offs be considered as leave?

Please reply to me.

Thank you.

I have put my observation that if your establishment is covered by the Factories Act, the PL is calculated as per the Factories Act (under the Factories Act, leave earned is called annual leave). Then, any weekly off or holiday intervening the leave days will not be counted as leave. Otherwise, any holiday/weekly off intervening a stretch of PL/EL will be counted as PL/EL, as the case may be. In any case, if you join back to duty on Monday, your leave will be counted up to Saturday only, and the prefix of resuming duty being a holiday/weekly off will not be a leave day.

Regards,
Madhu.T.K