Understanding Employee Leave Policies and Factories Act: Insights and Discussions

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.

Meetu

Hi Schakraborty,

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

Hi Garima,

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

Meetu

Hey 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

Do not leave your policy. If you don't like the company, then you can change your policy from one company to another company. Only convert it, don't leave it.

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Dear Ganesh Narode,

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

Hi Garima/Meetu/Jon,

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.

Hi,

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

Hi Schakraborty,

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

Dear Chakraborty,

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

Hi

Depending on the nature of the industry & organization the employees work a 5 day or a 6 day work, where a 5 day work will have 2 days paid holiday (Saturday & Sunday) & 6 day work employees gets a 1 day paid holiday (Sunday).

Lets separate what is a holiday & leave. Holidays are fixed by the organization along with the National holidays. Leaves are what the employees want to take based on the reason as these Leaves are earned by the employee based on the nos of yrs/mths they are working. And if leaves are en-cashed one day leave would be equal to one day’s salary.

Weekend holidays & National holidays are paid holiday. Only the working days can be considered as leave.

Hence if a employee works in a 5 day environment & takes Friday to Monday as leave, then he will not work for 4 days, where 2 days of leave (Fri & Mon) & 2 Days of Paid holiday (Sat & Sun).

Assuming that the employee goes on leave on Friday & comes back on Wednesday where Saturday & Sunday are Weekend paid holiday & also assuming Tue is a National Holiday. Then the actual leave taken by the employee is on Friday & Monday.

One fellow member has written in this forum, if a employee is on leave for one month. If the employee has one month’s leaves in his kitty then the entire month would be paid as salary (where leave would be considered only for 22 working days & the rest are anyway a weekend holiday, if there are any national holiday declared by the organization in that month then those would be minus by the total leave taken).

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

Hope this clarifies.

Friends, can I know if the leave policy falls under management and HR? Also, does the TL have the right to question HR when the leave is approved with management's approval? Please help me with this because one of my staff has applied for leave for one week as she is sick. I asked the TL, and he told me to approve it. I then informed the management, and they also advised approval, so I sent an approval email. However, the TL is now asking, with whose permission did you approve the leave? What should I do in this case?

Hi friends, may I know if the leave policy falls under management and HR? Does the team lead (TL) have the right to question HR when the leave is approved with management's approval? Please help me with this because one of my staff members has applied for leave for one week as she is sick. I asked the TL, and he told me to approve it. I then informed the management, and they also instructed to approve it, so I sent an approval email. But now the TL is asking with whose permission I approved the leave. What should I do in this case?

Hi Friends,

Sub: 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.

D. GURUMURTHY

Dear All,

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?

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

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

Ashwini Kumar
9540056059

Leaves are not 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.

Hi,

In my company, if any staff take leave for the whole week or more than just Sunday is included in it; otherwise, not in the case of leave on Saturday and Monday only.

Ritu

If the company is strictly following The Factories Act and only allowing employees to take leaves on physical working days, then W. Off 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

Hi Garima and Meetu,

As per my knowledge, if the employee is taking sick leave on Saturday and he/she 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 of the mid-level companies follow this rule.

Thanks,
Sonal

Hi Dnyaneshwar,

I completely agree with you. I work for an IT company that does not include Saturdays and Sundays as leave days, and now almost all good companies follow this rule.

Regards,
Sonal Agrawal

Dear All,

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?

Hi,
Attention Snsitaram... You are right. Even I want to explain the same thing.
Meetu

Dear all,

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

Subject: Leave Policy

Hi,

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.

D. GURUMURTHY LL/HR/IR Consultant

Do not consider what factories act says. In today's world, companies make their own policies, and you cannot challenge them. All government companies will consider Friday to Monday as a 4-day leave. Some private companies may consider it as a 4-day leave, while others may count it as 2 days off. It all depends on the company policies, and as an individual, you cannot change them.

Hi,

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

Hi, Guys... and gals!

If you work for 5 working days (in some good companies 6 days work including Saturday), you need a break of one day as a holiday. We, as human beings, can't work 24/7. Many companies have rules according to their type and nature of business and their HR practices.

I suggest that if an employee works a minimum of 3 working days in a full week (5 days) as fully present, then 1 day should be considered as his/her paid holiday.

etc...

Dear Garima,

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

Dear Mr. Gurumurthy,

As per the Labor Department, only 26 days have to be taken into consideration for salary calculation purposes. However, if we consider either 30, 31, or 28 (i.e.) as the actual days in a particular month, would there be any issue? Please clarify for me.

Regards,
Murali

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

Dear Sir,

Yes, your questions are correct. The small-scale industries are taking Saturday and Monday off. Many of the 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, 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.

Dear Seniors,

Please help. If a person has 18 days of leave balance in total and he is going on leave for 1 month, will his 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.

Dear All,

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

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