Leave Dilemma: Is Sunday Counted as Leave if I Skip Saturday and Monday?

If one takes leave on Saturday and does not report for duty on Monday, should Sunday be considered as leave? Or will it remain a weekly off? Please let me know the rule. I work in a factory governed by the Factories Act of 1948.

Hi, it depends on company policies, but most companies follow the rule that Sunday is included in your leave.

Regards,
Meetu

In my opinion, it depends on the company policies whether they are considering this rule or not. Generally, good companies do not consider this kind of rule. I was working with a small firm, XYZ, where they had the same rule, but I don't think this is valid because Sunday is not a working day, so why include it in leave? We should consider Monday as his leave day. Companies like Infosys do not include Saturday and Sunday as leave; only working days are considered as leave.

Regards,
Garima

If any company is off on Saturday and Sunday, of course, they will not include these days as holidays. However, if someone takes leave on Friday and does not come to the office on Monday, the company will include Saturday and Sunday as leave. Most companies follow this rule.

Regards,
Meetu

Yeah, you are also correct on your part because it totally depends on the company's policy. I already mentioned an example because in my firm, I had taken leave for 8 days and reported right on Tuesday. There were Saturday and Sunday in between, but they included them in my leave. So, this was the case with my small firm. At the same time, my friend who is working with Infosys has also taken leave and reported on the same day, but his leave was counted as 6 days.

So, it concludes that generally, the bigger companies follow this rule that they do not count the weekend as your leave day if you are not reporting on Monday.

Regards,
Garima

If an employee does not come to duty for the whole month, what salary will you pay them? According to me, it should be "0000," or will you pay a salary only for Sundays? No, man, it's not like this; the same applies in the case of taking leave.

Thanks & Regards,
Ganesh Narode

I want to know exactly what has been defined by the Factories Act, 1948. Companies formulate policies based on prevailing laws. If the Factories Act 1948 stipulates that when Saturday and Monday are not reported for duty, Sunday should be considered as leave instead of the Weekly Off, then the company may comply with it or may choose to voluntarily grant the weekly off. However, it is essential to understand precisely what the law states.

As per the Factory Act of 1948, when an employee takes leave before or after their weekly off, the weekly off should be considered as part of the leave. However, nowadays, most companies, especially those in corporate and IT cultures, have their own leave policies where the weekly off is not counted as part of the leave.

Regards,
Dnyaneshwar

I know that according to the Factory Act of 1948, Saturday and Sunday should be considered as leave when you fail to report on Monday. However, there are many organizations that are changing this rule. Therefore, it wholly and fully depends on the company. In my opinion, this rule is justified.

Regards,
Garima

I read this a while back, and to find out more about the section, you should refer to the Factory Act of 1948. There, you can easily find details of the section and rules on the first page of the index.

Regards,
Dnyaneshwar

Depending on the nature of the industry and organization, employees work either a 5-day or a 6-day week. In a 5-day workweek, employees have 2 days of paid holiday (Saturday and Sunday), while in a 6-day workweek, employees get 1 day of paid holiday (Sunday).

Understanding Holidays and Leave

Let's separate what constitutes a holiday from leave. Holidays are fixed by the organization along with national holidays. Leaves are what employees choose to take based on personal reasons, and these leaves are earned by the employee based on the number of years or months they have worked. If leaves are encashed, one day of leave would be equal to one day's salary.

Weekend holidays and national holidays are paid holidays. Only the working days can be considered as leave.

Hence, if an employee works in a 5-day environment and takes Friday to Monday as leave, they will not work for 4 days, which includes 2 days of leave (Friday and Monday) and 2 days of paid holiday (Saturday and Sunday).

Assuming that the employee goes on leave on Friday and comes back on Wednesday, where Saturday and Sunday are weekend paid holidays, and also assuming Tuesday is a national holiday, then the actual leave taken by the employee is on Friday and Monday.

One fellow member has written in this forum that if an employee is on leave for one month and has one month's leave in their balance, then the entire month would be paid as salary. This is because leave would be considered only for 22 working days, and the rest are weekend holidays. If there are any national holidays declared by the organization in that month, those would be deducted from the total leave taken.

Considering that the employee does not have leave and would go for Loss Of Pay (LOP), then the entire month would be LOP, which also includes the paid holiday.

Hope this clarifies.

Leave Policy

Management, in considering leave days, generally follows that one has to work either before or after the leave. The intermittent days falling on weekends/off days or leave will be counted as leave unless specified in the company's leave rules.

Regards,
D. GURUMURTHY

You are all expressing in your own ways what the question was. If one takes leave on Saturday and does not report for duty on Monday, should Sunday be considered as leave? Or will it remain a weekly off?

Determining Leave Type

First, determine the type of leave the person is requesting. For example, if it is medical leave, then only off days may be included; otherwise, off days will not be considered as part of the leave. If a person has worked more than three days, he or she is eligible for their weekly off.

Regards,
Rajesh

Understanding Weekly Rest Days Under the Factory Act

As per the Factory Act and Standing Order, after every 48 hours of work, one 24-hour rest is granted. However, to qualify for a rest day in a week, you should work at least 4 days in that week; otherwise, no rest day will be given. The rest day is not fixed to Sunday or any other specific day in the week.

Regards,
Ashwini Kumar

Employee Leave Rights and Policies

Leaves are not just a subject matter but a right of the employee. No company will ever have a leave policy that does not include Sunday as leave if an employee takes leave on Saturday and does not report on Monday.

In my company, if any staff member takes leave for the whole week or more, then Sunday is included in it. However, if the leave is only on Saturday and Monday, Sunday is not included.

Regards,
Ritu

Leave Policy Under The Factories Act

If the company is strictly following The Factories Act and only allowing employees to take leaves on physical working days, then weekly offs shall be excluded. If the company has a policy that differs from the Act or is more beneficial than the terms of the Act, then the terms of the policy prevail.

Regards

As per my knowledge, if an employee takes sick leave on Saturday and does not report on Monday, then Saturday and Sunday will also be included as leave days. However, for casual and privilege leave, this rule is not applied. Most mid-level companies follow this rule.

Thanks,
Sonal

Understanding Leave Policies under the Factories Act

Please note that the Factories Act does not deal with sick leave and casual leave. It only addresses earned leave, which may be referred to as privilege leave or leave with pay, etc. Therefore, in response to the query, we need to consider the type of leave in question.

Furthermore, it is not a matter of being a good or bad company, but rather we should adhere to whether we are following statutory rules alone or our company policy, which should not contradict the statute.

If we strictly adhere to the Factories Act, each employee earns one day of leave for every 20 days of work. However, if a company has its own policy, we should adhere to the terms outlined in the policy.

Regards

Thank you for your response, Mr. SNSITARAM. However, I require the Leave Policy and HR Policy that complies entirely with the Factory Act of 1948. Could you please provide these documents in Microsoft Word format?

Attention Snsitaram, you are right. Even I want to explain the same thing.

Regards,
Meetu

There is no policy in the Factories Act. Please look at the provisions of Sections 79-82 of the Factories Act and related rules (rules vary from state to state). Based on the principles laid out in those provisions, you have to create a policy suitable for your organization. When preparing the policy, ensure that the policy terms do not contradict statutory provisions.

Regards

Leave Policy

Saturday - leave, Sunday is the weekly off, Monday absent. How to treat this is a question? Here, there are two points:

i) Whether the salary/wage calculation depends on 26 days - weekly off and absent will not be taken into consideration. Only Saturday leave will be taken for salary calculation.

ii) In the case of salary calculation for 30 days, the weekly off (Sunday) and the leave (Saturday) will be considered for salary calculation. Monday absent will be considered as loss of pay.

Regards,
D. GURUMURTHY LL/HR/IR Consultant

This depends on the company policies as every company formulates its own policies. Based on my experience, if you are off on Saturday and then on leave again on Monday, most companies consider Sunday as part of the leave.

Regards,
Aman

If your friend takes leave from Thursday to Monday, how many days will be counted? Also, is the working culture 5 or 6 days?

With thanks,
Praveen

They are right. If you miss two working days, then all days between these working days, even if it is a Sunday or a holiday, are treated as leave of absence.

Yes, your questions are correct. The small-scale industries are taking Saturday and Monday off. Many corporate companies have maintained strict policies due to employees misusing their leave entitlements. Some individuals are excessively taking leave on Saturdays and Mondays. Therefore, corporations have strictly prohibited taking weekends off and starting the week with leaves.

Regards,
A. Rahamathulla
Manager HR

If a person has 18 days of leave balance in total and is going on leave for 1 month, will his Sundays (which are normally holidays) and holidays during that period be counted as his leave days, or will they be excluded from his leave balance? Please suggest.

If the company is following the Factories Act for granting leaves, the Weekly Off should be excluded. If the company has a policy that covers the provisions of the Act and is better than the policy guidelines, the company policy will prevail.

No, please note that it does not matter if the company is following the Factories Act or not. Any holiday that falls between leaves will be counted as leave.

Leave Balance and Holiday Consideration

Please help. If a person has 18 days of leave balance in total and is going on leave for 1 month, will Sundays (which are normally holidays) and holidays during that period be counted as part of his leave, or will they be excluded from his leave balance? Please suggest.

Thank you.

Can anyone provide the leave policy? Is it necessary to have it documented in writing? Please let me know.

Regards

Dear all,

As per Section 79 of the Factories Act, as explained in this section, the leaves (Earned Leaves/Annual Leave with wages) shall be admissible, exclusive of all holidays (including the Weekly Off) whether occurring during or at either end of the period of leave.

In the case of Casual Leave or Sick Leave, it depends on the policy of the company whether it can exclude or include the holidays/Weekly Offs during the period of the leave.

T. Mahendar Reddy