Is My Company Right to Deduct Leave for Weekends and Holidays? Need Guidance!

Hi, I am working in a software company in New Delhi. We have official holidays on Saturdays and Sundays. I had a leave from 30 Dec (Saturday), 31 Dec (Sunday), 1 Jan 2007 (officially announced holiday), then 2 Jan (Tuesday) to 5 Jan (Friday). I was absent on 6th and 7th Jan, which were Saturday and Sunday.

So, I guess officially I have an effective leave from 2 Jan to 5 Jan, that is Tuesday to Friday, as Monday 1st Jan was an announced holiday, and my company doesn't work on Saturday and Sunday.

My company is deducting the leaves from 30 Dec to 7 Jan, which I guess is nowhere applicable as I was not absent on Monday and Friday of the week. Please guide me ASAP. Thanks

Hi Hema,

Just chill and let me know if you have taken even an hour leave on 29th Dec '06 or you took a half-day leave on 8th Jan '07. In either case, your leaves will be calculated from 30th Dec to 7th Jan. In no other case can the company take such action. As always, the policy states that if any employee takes leave before and after the declared holidays, the holidays will also be counted as part of their leaves.

Deepali

Hi Hema,

In no case can the company count the leaves from the 30th to the 7th. It will only be from the 2nd to the 5th.

Deepali

Hi Hema,

Have you gone through the leave policy of your company? Some software companies do consider leaves taken on Saturday, Sunday, and public holidays. Also, one more thing - from which date did you apply for leave, and was it approved? Have you remained absent without informing? If not, please ask the HR how this deduction of leaves has happened. I am sure the HR will definitely clear your doubts. Also, what is your role in your organization?

Sapana Kale

Hi Hema,

Please recheck your leave rules and procedures. Some companies insist that leave taken on prefixing and suffixing holidays or weekly off days will also be considered as leave. To explain, if you avail leave on Monday where Saturday and Sunday are weekly off days, then 3 days of leave will be deducted from your leave balance, i.e., from Saturday through Monday (both days inclusive). But, say if you avail leave on Wednesday to which Tuesday and Thursday are working days, only one day of leave is deducted. If condition (a) above applies to you, then what the company has done is right, and if it does not apply, you are not to be deducted with extra leave more than 5 days.

Have a relook into the leave procedures and conditions and get yourself the judgment. All the best and good luck.

Regards,
Dhinakaran

Hema,

Asking and seeking guidance from people outside your organization may not help as all companies have their leave policy, and this should be written clearly in the employee handbook. It would be good to go through the policy once, clearly understanding what the company follows. If you have doubts, you could seek assistance from HR. If you believe there is a mistake, speak with HR. If the issue is not resolved, then perhaps you could speak with your supervisor. I believe that's the only way out.

Cordially,
preet

I have read my company policy, and there is nothing mentioned as such. I just want to know where should I complain if my company violates the norms and regulations.

Hi,

Please check with HR. If they are adamant and do not want to change as per the norms, then investigate the reason to understand clearly before approaching your supervisor. I believe that's the only way out of this.

One piece of advice: avoid being aggressive in your approach, and even if the situation does not turn in your favor, remain composed.

Good luck to you.

Cordially,
preet

Dear Hema,

You seem to be right from your point of view. When it was a holiday, whether previously declared or declared afterwards, it is a holiday and a paid day for everybody. If the office is closed, your presence or absence does not make any difference unless you have been instructed to remain in the office or attend the office on days when it is a holiday for others.

I believe this is not the case for you.

But from 2-Jan-07 to 7-Jan-07, you have admitted that you remained absent. Have you informed your office that during this period you will not be attending the office due to any XYZ work? Just think about it and then, keeping in mind the above, discuss with your superior and HR personnel. Do not challenge anybody because they were present, but you were absent. I hope that if you explain their queries in a receptive manner, as they are also human beings, they will surely understand and help you understand the logic behind the deduction of leave. It may be a mistake at either end. The best thing is to resolve the matter without involving a third party. I believe you can do it, and while doing so, you will be more confident in understanding the company's norms/policies. Follow the above steps first. If you fail, I will definitely make you aware of the procedures for grievance handling.

Regards,

Anil Anand

Hi all,

Just for my knowledge, could you please explain how the company can deduct the amount for designated holidays? For instance, in the case mentioned above, the company has deducted the amount for 7 days, including Saturday and Sunday, from the leave balance. Even though they are weekly offs, and when calculating the salary for any month, companies typically do not consider weekends (especially for IT companies that usually have a 5-day workweek with weekends off), how can they deduct an amount they are not even compensating for?

Please provide further clarification on this matter. Based on the scenario described, I don't believe they should deduct the amount.

Thank you.

If you are really sure that you have checked your leave policy and you did not find any helpful information, then I would advise you to write to HR with the same sentiments. I believe their reply will shed more light on your problem. This will help you to move the discussion further or simply enable you to understand their position.

Paa Kow

Hi Hema,

HR people should obviously not have any personal interest in deducting your salary for the leaves you have taken. It is good that you have read through the policies, but you should still discuss this with the payroll/HR department. You have every right to conduct this background check, and if it is a mistake, the deducted days will be reimbursed to you next month.

In a nutshell... Don't panic!

A piece of advice - "complaining" sounds unprofessional. You can discuss and resolve the issue with the relevant person.

Hi Hema,

First, I want to make it clear whether the leave taken by you on the 6th and 7th was informed to your reporting manager and if the leaves taken from the 2nd to the 5th were approved. If those two days of leave were not communicated to your TL, there might be a reason for deducting the salary. However, as everyone has mentioned, it varies according to the individual company's leave policies. Please clarify this with the HR Department and proceed.

Good luck.

Regards,
Sowmya

Hi Hema,

I think by now, after reading all our comments, suggestions, and advice, you should have cleared all your doubts with your HR.

Sapana Kale

Dear Hema,

It is generally viewed that if you are taking leave from a particular day, whether it is a holiday or a working day declared as a holiday by the company, the leave will be counted from the day you are not present in the company until the day before you rejoin. However, after obtaining thorough answers from other employers and HR, I have come to understand that payment cannot be deducted for the day you take leave, which is a company holiday.

Therefore, I can now state that the company cannot deduct your salary for the days you took leave on Saturday and Sunday, as well as the last two days you worked after.

Anil Verma