Earned Leave Confusion: Do Sundays and Holidays Count as Leave Days?

Please clarify for me, if I grant Earned Leave to any employees, will the intervening Sunday/holiday/off day be counted as earned leave or not.

Dear Sameer,

First, determine under which Act or Rules you are going to grant employees these Earned leaves. Then, review the leave provisions under that particular Act or rules for clarification on your query.

Regards,
R.N.Khola

Dear Sameer,

If any week off or holiday falls between E/L or P/L, it will not be counted as leave. However, if it is C/L or S/L, then the week off and holidays occurring between leaves will be considered as part of the leave.

Regards,
Bandini

Dear Mr. Khola,

We are covered and registered under the Shops and Establishment Act (Haryana), with our office in Gurgaon, and registered as ITES with NSEZ and STPI in Noida. Could you please advise on the following query: should the weekends or holidays falling within the tenure of earned leave (EL) or privilege leave (PL) be considered as part of the leave entitlement or should they be excluded?

Thank you,
Saurabh

Dear Mr. Sameer,

Yes, an intervening holiday will be counted as earned leave (EL) and it depends on the company's leave policy.

Dear Sir,

I have the same query. Our company operates under the Shop and Establishment Act (Government of Karnataka). My query is whether Sundays and national holidays will count for EL (Earned Leave)? If yes, are there any legal documents or notifications showing the same? This is very urgent. Please help me.

If you have any notifications, please email them to bharathas1983@gmail.com.

Thank you,
Bharath Dwajh A.S.

Sir,

Please help me with this. Our company is under the Shop and Commercial Establishment Act (Karnataka). Will weekly offs and national festival holidays be counted for earned leave? If so, kindly send me any government notification on this issue.

BHARATH DWAJH .A.S.

Dear Bharath,

It has already been answered by one of our experts. Yes, it will be counted for EL if applied by an employee. Luckily, here in Saudi Arabia it is different. I am very fortunate. :)

UKmitra.

Yes, Sundays and national holidays will be counted as earned leave as it is compulsory. Twelve national holidays are compulsory depending on the organization, which festival they give as holidays.

JAI.D.THACKER
Email: jaithacker@yahoo.com

As far as we pay the salary on a monthly basis, including Sundays and other holidays, the earned leave will have to be calculated on a monthly basis only. It may vary from company to company.

In the normal course, one day a month is given as earned leave, thus totaling 12 days per annum. Casual leave is also for 12 days in a year but cannot be carried over to the next year, whereas earned leave can be accumulated for up to 3 years. Sick leave is also calculated as one day per month and can be accumulated for 3 years.

In U.S. standards, the sick leave is for 5 days, and other leave (whether earned or casual) is for 10 days.

Dear Ajay,

Please go through Section 79 Explanation 2(1) of the Factories Act, 1948. Here it is specifically written that leave admissible under this section, i.e., Section 79(1), shall be exclusive of all holidays whether occurring during or at either end of the period of leave.

Thanks,
Ajay

Re: Earned Leave (Sunday/Off Day) - Inclusion or Exclusion

Dear Sameer,

I agree with Ms. Bandini. If any weekly off or holiday falls between Earned Leave and Privilege Leave, it will not be considered as leave. The weekly off and holiday will be considered as a regular weekly off or holiday.

Regards,

Madan Mohan
Gurgaon
9971216078

The Rule of Earn Leave (EL) in a month is 20 working days, then you earn 1 leave. Working Days (without Holidays & without Leave). In the October Month, one employee's Salary Days = 24 + 5 + 1 EL + 1 CL = 31 Days. In this case, the working days are = 24. EL calculation = 24 / 20 = 1.2 Earn Leave gets in October month.

Kiran HR-Executive 9899451860

If the Factory Act says categorically about the leaves admissible under that said Act being exclusive of W/Offs and Holidays, then do the units covered under the Shops & Establishments Act of a state (say, for example, Haryana) have to follow this? I do not find anything mentioned in the Punjab Shops and Establishments Act.

Can anyone please provide an opinion on this?

Saurabh

PERFECT ANSWER !!!! This is what it SHOULD be. Why should one penalize the employees by denying them a weekly off/holiday when they take EL? It's unfair. It is also corroborated by the Factories Act:

Warm regards.

Dear Seniors, can anyone please tell me in which chapter and under which act it is specified that in the case of CL/SL, weekly off and holiday will be included, and in PL, weekly off and holiday will not be included? Or is there any notification regarding the same?

Regards,
Upasna