Navigating Leave Policies: Can New Employees Get Paid Leave for Extended Absences?

Dear All,
Your opinion is required, as per the attachment enclosed.

This is one of our employee, whose date of Joining 20-12-2008.

Highlighted in read color is daily In & Out timing w.e.f 12-01-2009 to 31-01-2009.

We had treated as Leave Without Pay, for 17, 18, 19, 20, 22, 24, 25, 26, & 27 Jan 2009.

Being an HR / IR / Admin. Professional kindly advice:-
•Can a person is entitled for Leaves with pay as he/she recently joined for such long period.
•What would be treatment of 26-01-2009, as he / she is continues absent (leave) w.e.f. 17 ~ 27 only 21 & 23 he / she joined office.
•How you are treating Sunday , if a person is absent on Saturday & Monday, except in case of Earned Leave.

With regards,
Rakesh Kumar Sharma
email :- [Login to view]
Attachment 62692

Dear Rakesh,

In your case, Sunday is being treated as absent because if an employee is absent on Saturday followed by Monday, then all three days are treated as absent.

An employee who joins duty just on the previous day of a national or festival holiday is eligible for pay for such a holiday. If the suffix and prefix of a holiday are absent or leave is taken without pay, payment for the intervening holiday should not be made. Therefore, a holiday falling on the 26th in your case will not be paid.

In cases of casual leaves, intervening holidays/weekly offs shall be treated as holidays and not as casual leave. However, leave as per the Factories Act (i.e., Annual Leave with wages) shall receive the same treatment as casual leave.

Regards,
Madhu.T.K

The employee is eligible for pay on the declared holiday on 26th Jan. It was declared a holiday by the company even before the employee joined, so he is not required to work. In other words, it was declared as a paid holiday.