Navigating Leave Policies: Should Weekends Count Between Unpaid and Sick Leave?

Hi All,

Please advise me about the leave policy. My question is: if an employee takes leave on Friday as Leave Without Pay and does not come in on Monday due to sickness, then applies for Sick Leave for Monday, should Saturday and Sunday be counted as leave or not?

Even though the company has a policy that states Saturday and Sunday falling between a long Sick Leave period will not be counted as leave, in this case, Saturday and Sunday fall between Leave Without Pay and Sick Leave.

Please suggest.

Thanks,
Aarti

Dear Aarti,

To my knowledge, you should consider Saturday as well.

Regards,
Murali N.
HR Executive

Hi,

According to me, Saturday and Sunday should be considered as leave without pay (LWP) since the employee was on leave from Friday onwards, and your employee had applied for sick leave (SL) on Monday.

Regards,
Vandana

Hi all,

Please advise me about the leave policy. My question is if an employee takes leave on Friday as Leave Without Pay (LWP) and does not come to work on Monday due to sickness, applying for Sick Leave (SL) for Monday, should Saturday and Sunday be counted as leave or not?

Even if the company has a policy that states Saturday and Sunday falling between long SL will not be counted as leave, in this case, Saturday and Sunday fall between LWP and SL. Please suggest.

You have to pay for Saturday and Sunday too (to be considered as paid holidays). Going by your company policy and leave policies in general, only if Friday and Monday were on leave and on LWP, then Saturday and Sunday would be considered under LWP. Assuming for payroll your month is 30/31 days. If your month is 22/23 working days only for payroll, then you don't need to consider the weekend in the question at all.

However, Monday is a sick leave, which is not LWP. Therefore, the previous two days will also be considered paid holidays, not leave.

Thanks,
Geeta

Hi,

If he is on SL on Monday and has leave balance only, then Saturday and Sunday will be treated as Paid leave; otherwise, from Friday to Monday will be LWP.

Regards,
Rajbeer Garg
(Gurgaon)

Hi Aarti,

Basic leave management is a company policy. If the company has a sandwich method of deduction in the leave policy - in that case, the weekly off, i.e., Sunday or Saturday falls in between the leaves, then weekly offs are also considered as leaves. This is completely owned by the company and its policy towards leave management.

Navin

Dear Ms. Geeta,

I absolutely agree. An individual should be paid for Saturday and Sunday according to your own leave policy.

Regards,
JS Malik

Dear Aarti,

I agree with Geeta. Your employee has earned his weekly off of two days after working for 4 days, and on the basis of one LWP, his weekly off should not be stricken off. Also, as Monday is a sick leave, it is his paid leave. He is entitled to paid leave on Sunday and Saturday.

Thank you,
SNB

Dear Aarti,

The basic question that arises here is: when the said employee had leaves to his credit, why was there LWP?

Thanks & Regards,

Prabhakar Srivastava

Sr. Executive - HR

Ruby Hall Clinic

Pune, Maharashtra

I can make any comment only after knowing this.

Dear Aarti,

As per your statement:

1. Your company doesn't count leaves on Saturday and Sunday if they fall between Sick Leave (SL).
2. Monday is paid (as it is Sick Leave).

In this case, both Saturday and Sunday are paid since these days are followed by a paid day. If you consider Monday as Leave Without Pay (LWP), then both weekends will also be classified as LWP.

Thanks,
Ritesh

Can anyone help me in deciding the leave policy to be followed in an organization? What are the minimum CL and SL given? Is CL carried forward to the next month or on a yearly basis, and what types of leaves are encashed? Also, I would like to know if gazetted or national holidays are included in the leave policy or not?

Waiting for the response!

Regards, Roomi

Hi Aarti,

Basic leave management is a company policy and depends on model standing orders/approved standing orders. In your case, the employee will not be entitled to get paid leave benefits because Friday was sanctioned as leave without pay.

Ajay Kumar Mishra

Hi,

The leave policy is the decision of the company. Generally, a holiday can be attached to the leave at the start or at the end but not at both ends. However, this is possible in the case of a casual leave or privileged leave. For sick leave attachment, you may decide otherwise. This decision can be taken with a proof of sickness (doctor's certificate).

In case you cancel the leave for Monday, as per the practice of your company of allowing pre/post attachment of holidays, the leave on Monday can be considered as LWP with a proof of illness. Thus, both the alternatives you will have to consider before making a decision.

Hi Aarti,

It depends on the leave policy of your company. In case of approved leaves, Saturday and Sunday are not considered as leaves. Even if the employee has taken LWP on Friday and SL on Monday with prior approval, then Saturday and Sunday should be considered as paid days. Only in case employees are taking long leaves of 15-20 days, then we can consider Saturday and Sunday also as leaves.

Hi,

For my understanding, to answer that question, it depends on the company's policy on leave. Is your policy based on 22/23 working days payroll or 30/31 payroll? From there, you will know how to treat weekends. So, if you carefully observe how Geeta responds, you will get a clear solution.

Dear all,

You need to have a clear-cut leave policy. To earn a salary for Saturday, one has to work on Friday or on Monday since both Saturday and Sunday are accounted for as leave. The holidays in between have to be counted as leave without pay (LWP) and it cannot be a paid holiday.

Regards,
KK Nair

Hi abharti and All,

You have asked about leave, and I wish to explain that there are statutory rules about leave. If an employee has worked for 20 days, they will get one leave. If an employee has worked for 48 hours, they will get one day off, or it depends on the company's policy, but one day off is compulsory. If an employee has sufficient leave and applies for leave, they will get leave with pay. If they have no leave balance, it means they will be treated as without pay. If Saturday or Sunday falls within the without pay period, the employee will not be entitled to get leave or a day off. The 48-hour rule is applicable in such cases.

Hi all, how are you? Especially Mr. Rajbir Garg, hope you know me.

Firstly, is this as per the company's leave policy? Secondly, if an employee falls sick on Friday and continues to be sick until Monday, how is it possible to treat Saturday and Sunday as paid days? If an employee is on leave on Saturday as CL, unfortunately, falls sick on Monday, then consider Monday as SL, and Saturday and Sunday will be paid days.

If he is on SL on Friday and continues to take SL on Monday, then all 4 days will count as SL days.

Other than as per the company's policy.

I think Saturday and Sunday should not be considered as leave because generally, most companies only deduct leaves for working days, not for weekends. So, according to your company policy, Saturday and Sunday will not be considered as leave or leave without pay (LWP). Therefore, if an employee takes sick leave (SL) or LWP on Friday and Monday, Saturday and Sunday should not be counted as part of their leave.

Hi,

Could anyone please provide information on the entitlement of leaves for an employee as per the Shops & Establishment Act in Andhra Pradesh?

Thank you,
Kiran Kumar