How Do We Count Leave Days for Diwali When a Staff Member Takes a Week Off?

Dear All,

In our organization, we have leave for Diwali on the 4th (Thu) & 5th (Fri) of Nov '10. It's a weekly five-day working schedule. If a staff member goes to his hometown on the 2nd (Tue) and returns on the 9th (Tuesday), how many days will be calculated as leave? In this scenario, will Saturday and Sunday be included as leave days or not?

Thanks & Regards,
Sudha S

It entirely depends on your leave policy. In our organization, we do not count holidays or weekends in between; only the working days are counted as leave. This aspect is governed solely by the leave policy.

In case an employee is on leave on Friday and also on Monday, then Loss of Pay (LOP) is calculated for the weekend as well.

Regards,
Divya

In case of casual leave, Saturday and Sunday are paid weekly off and are not treated as leave.

In case of all other leaves (PL, ML, EL, etc.), if Saturday and Sunday are prefixed or suffixed to the leave, this is not included in the leave if permission is sought in advance. However, if Saturday and Sunday (or any other holiday) falls within the leave period, that is counted as leave.

It depends on the leave policy of the company. In our company, if any employee takes leave on both the prefixed and post-fixed days of the holiday, then they have to apply for leave for the whole period. If the employee does not have any leave left, it is considered as Leave Without Pay (LWP).

Company Leave Policy: Holidays and Leaves

Most company policies allow either prefixing or suffixing leaves with holidays (festivals/weekends). In cases where holidays fall between leaves, all the holidays between leaves are counted as leave (with or without pay, as applicable).

Regards,

Dear Sudha,

As indicated by our HR colleagues, it entirely depends on your company's leave policy. It would be logical if the leave is availed when the employee has leave to his credit without counting the intervening holidays. On the other hand, if he does not have leave in his account, then the intervening holidays may be counted for calculating the LOP days.

M.V. KANNAN

Diwali Leave Policy Considerations

Diwali is a festival that every employee yearns to celebrate with their family. Making the leave policy flexible and favorable to employees will increase productivity after they return from leave.

Regards,
Rajan Associates

Leave Calculation for Extended Holidays

In the above case:

If he/she is taking leave on Friday, i.e., casual leave, then we will consider it as one day of leave. If he/she takes off on Friday and Monday, we have to consider all four days, as all the leave given to the employee is paid leave.

Hi Sudha & Neha, the same is followed in our organization as well. We count leaves only for working days.

Regards,
Ajay

Dear All,

We follow leave rules like this. We have declared Diwali holidays on 5th and 6th November 2010 (Friday and Saturday). Sunday is the normal weekly off. Now, assume someone takes leave on Thursday and returns on Monday morning as usual to the office; then, he will be allowed leave on the 5th and 6th. If he does not turn up on Monday too, then from Thursday up to Monday, all the days will be calculated as leave. If he does not attend the office in the forenoon on Monday and is present in the afternoon, even then the entire leave in between will be counted (as he has to necessarily be in the office in the forenoon). If he is present on Thursday and takes off on Monday, then he will not lose the days 5th and 6th.

In a nutshell, one has to be present in the office either the previous or the very next working day to enjoy those leaves. We have brought in this system to reduce absenteeism and found a good response to this. Therefore, it is the company's leave policy and practice.

V. Balaji

If the company adopts a 30-day pay policy, the holidays between the leaves are accounted for as leave (because the company pays salaries for holidays as well). If the company adopts a 26-day pay policy, the holidays between the leaves are treated as holidays (because the company pays salaries for working days only).

Thank you for your attention to these details.

Hi Sudha,

Your query is: "In our organization, we have leave for Diwali on the 4th (Thu) & 5th (Fri) of Nov '10. Weekly, five days working day. So if a staff goes to his hometown on the 2nd (Tue) and he comes back on the 9th (Tuesday). In that case, how many days will be calculated as leave? In this case, will Saturday & Sunday be included as leave or not?"

For clear understanding, we will use the terms - "PAID HOLIDAY/s", "PAID WEEKLY OFF," and "PAID LEAVE."

Only when an employee works for 6 days - say Monday to Saturday- (or 5 days as you observe a 5-day week) - he becomes entitled to the "Paid Weekly Off" on Sunday. [The principle is "first work then have a rest"... Most calendars are printed in the wrong manner. Monday should be the 1st day of the week, and Sunday the last]

In the given case, if the employee is availing pre-sanctioned paid leave (like PL or CL) on the 2nd (Tue), 3rd (Wed), and 8th (Mon), he is entitled to the Paid Holidays (4th & 5th) but not for the Paid Weekly Off on the 6th & 7th (Sat, Sun). The 6th & 7th (Sat, Sun) will be counted as Paid Leave, and a total of 5 days (2, 3, 6, 7 & 8 Nov.) will be debited to his leave account.

If he is availing Leave Without Pay (in case there is no paid leave balance in his account but has applied for and permission to remain absent is granted - it is LWP), all 5 days will be treated as LWP. Since permission is granted, he will be entitled to Paid Holidays-Diwali- of two days (4th & 5th).

However, if he remains "ABSENT" without intimation and/or obtaining permission, in such a case, all 7 days (2nd Nov. to 8th Nov.) will be treated as "ABSENT" = no payment for these 7 days.

In addition to this (non-payment), if you wish, you can also take disciplinary action against him as Absenteeism amounts to a listed "Misconduct" as per the Model Standing Orders Act or even otherwise.

..... Vijdam.

The 4th and 5th of November holidays are not counted as holidays if he/she continues leave from the 2nd of November to the 9th of November; then it will be counted as part of the leave. He/she is not eligible for a Paid Holiday.

Regards,
Ram

Dear Sudha S,

Please note that there are different types of leaves. If someone applies for a leave and the holidays are at the beginning or end, only the working days should be deducted or considered as leave. If the holidays fall in between, it doesn't matter, or it may require special permission from your boss/senior to consider only the working days as leave days. All of this depends on each firm's procedure.

Dan
muyals@gmail.com

It is a thumb rule that if you take a leave on Monday, weekend holidays are also considered as Leave Without Pay (LWP).

Regards,
Imran.

Dear Pals,

Administration of leaves is normally in tune with company policies. If the number of leaves is as per the Acts (say, the Factories Act), weekly offs/holidays are excluded from leave. However, organizations providing leaves beyond what is mandated by the Acts usually count sandwiching of leave with holidays/weekly offs as leave (or loss of pay if there is no leave balance). In the case of prefixing or suffixing leave, holidays are excluded from counting towards total leaves.

Thanks.

HC. Subbaramu

HR and Labour Law Consultant

Bangalore

Hi Sudha,

Instead of a single leave application from 2nd to 8th, one can get two leave applications sanctioned: one from 2nd to 3rd as CL and the other for the 8th as EL. In the case of a single application, if sanctioned, there is no harm as per our company leave policy. Suffixes and prefixes of Declared Holidays/Weekly Off to the leave period are not counted as leave days. Therefore, there are only 3 days of leave (i.e., 2nd, 3rd, and 8th only).

Happy Diwali,
Samanta

Dear all,

Leave calculation does not depend on the company's leave policy. Basically, it depends on two things:

1. Under which act your company is covered, whether the Factories Act or the Shop and Establishment Act.
2. If your company is covered under the Shop and Establishment Act, then of which state because all states have different Shop and Establishment Acts and different leave provisions.

In the case of companies covered under the Factories Act, annual leave will exclude Sundays and holidays while counting leave, but for casual and sick leave, no act is clear.

Leave Calculation for Long Leave

The period of leave, i.e., from the 2nd of the month to the 8th, is considered long leave, which amounts to 7 days and could only mean Earned Leave. In this case, the intervening W/Off day/s and Holidays will be construed as part of the leave.

Regards,
Vasant Nair

Leave Calculation for Diwali Holidays

3rd, 4th, 5th, 6th, 7th, 8th.

If it is a privilege leave, all six days will be counted. If it is casual leave, two days will be counted. That too, it depends on your leave policy.

Regards,
T Selvam.

Leave Policy Clarification

Prefixing and suffixing of Casual Leave (CL) is not permitted. In this case, CL cannot be granted. It's either Earned Leave (EL) or Leave Without Pay (LWP).

Regards,
Vasant Nair

Good point, Vijdam, Maybe the inventor of the calendar had no idea that corporate companies would ever come into existence.

[QUOTE=wiseprecedent;1324037]Good point, Vijdam.

Maybe the inventor of the calendar had no idea that corporate companies would ever come into existence.

Dear Wiseprecedent,

Please refer to the calendars published by most of the European corporate companies, and you will find they show Monday as the first day and Sunday as the last (7th) day of the week.

For the root, you may refer to:

Remember the Sabbath day
To keep it holy. Six days are for labor in which to do all your work,
but the seventh day is the Sabbath of the LORD YOUR GOD.
You will not work on that day; neither will your son, nor your daughter, not even the men and women who are your servants,
nor your cattle, nor the stranger who is staying with you.
For in six days the LORD made the heavens and the earth,
the sea and all that is in them, and rested on the seventh day.
Therefore, the Lord blessed the Sabbath day and hallowed it.
Exodus 20:8-11

The seventh-day Sabbath is a memorial of creation. For in six days, the Lord created all things and rested on the seventh day - (See Psalms 103).

Regards,
Vijdam

Hi Sudha,

The leave you are giving to the employee entirely depends on you and can be defined based on the priority of the leave type. You have a weekly holiday, which is common, and the other leave you had given is the Diwali leave. So, the day your employee was supposed to be present but was not present will be marked as absent.

For any assistance, feel free to contact me.

Thanks & Regards,
Manish Kumar
email: manishkumar.csd@relyonsoft.com