Understanding Earned Leave Rules and Weekly Off Impact: Factory Act Guidelines Discussed

I would like to know if I apply for a leave of absence for 2 consecutive weeks, can I get my week off during those weeks?

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Dear Member,

Under which Act and Rules are you applying for a leave of absence?

With Regards,
R.N.Khola

"I would like to know if I apply for a leave of absence for 2 consecutive weeks, can I get my week off during those weeks?"

As a rule, when an employee avails earned leave continuously for more than 10 days, the intervening holidays like weekly off/holidays (national or festival) will be counted as leave. However, it all depends on the leave rules laid down in the organization.

Casual leave will not affect intervening holidays as mentioned above and will not be counted as leave.

R. Srinivasan

Generally, if you work for 6 days, you are eligible to get a weekly off. Hence, you are not eligible to get a weekly off when you are going on leave for more than 6 days. However, the rule varies from company to company.

N. Kannabiran

As per my knowledge in the bare act of the Factory Act 1948, Section 79, EL shall be exclusive of all holidays. In this condition, you cannot count leave, holidays, and weekly offs within the period of leave. If you need any clarification, please let me know.

Regards, AJAY KUMAR

Dear Kaviyarasan R,

Could you please indicate in which act and section it is mentioned that employees are eligible for a weekly day off only if they work a minimum of 3 days in a week? If this information is available, kindly send me a scanned copy.

Regards.

Dear,

It is at the discretion of the management to include or exclude weekly off during the annual leave availment period. Weekly hours shall not exceed 48 hours, and a weekly holiday may be given after working 48 hours in a week as per Section 52 of The Factories Act, 1948. Therefore, the question of a weekly off does not arise when you are not working or you are on leave.

With Regards,

N. Kannabiran