Understanding Leave Policies: Is Sunday Counted as Leave if Absent from Saturday to Tuesday?

If any employee goes on leave from Saturday to Tuesday, will Sunday be treated as leave or not? Someone mentioned to me that if an employee works three days in a week, then Sunday will be their weekly off. If they go on leave from Thursday to Tuesday, then Sunday will be counted as part of the weekly off.

Thank you.

Weekly Holidays

(1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless:

(a) He has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and

(b) The manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier:

(i) Delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and

(ii) Displayed a notice to that effect in the factory: Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.

(2) Notices given under subsection (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.

(3) Where, in accordance with the provisions of subsection (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.

Thank you.

Regards,
J.N. Modi

If the employee is availing CL/SL, then the W/O will be treated as CL/SL; otherwise, on PL (Earned Leave), the W/O is not included in the leave. Hope this will clear your doubt.

Thanks

Regards

It differs from company to company policy. If you are taking leave on Saturday and Tuesday, then it is counted as 4 days leave only. If he doesn't have leave, then 4 days LOP is marked. (This is mostly followed only in Proprietorship/partnership companies only).

In many private companies and IT companies, Finger Access/attendance card is implemented. So, when you are calculating the leave, it shows only 2 days where Saturday/Sunday are shown as WO (by default). They calculate the salary and deduct 2 days' leave from your leave balance or LOP if you don't have leave balance.

But in general, every company has its own policy which differs from others.

Note: National festival holidays/mandatory leaves are excluded from leave deduction if coming on Saturday/Sunday.

HR Policy and Legal Rules Clarification

I want to make one thing clear: have you maintained your HR policy that defines all the procedures regarding policies such as attendance, leave, discipline, compensation, incentives, recruitment, orientation, etc.? Every company has its own HR policy that establishes its own rules.

Discussing legal rules, it means that if an employee is absent on Saturday and Monday, they do not get the entitlement of a paid weekly off. If the employee adjusts their CL, SL, or PL for both days they were absent, then they deserve the paid weekly off.

Considering this legal rule from the company's perspective, if an employee is absent for 5 days in a week but presents at least one day on Saturday or Monday according to the legal rule, it could adversely affect the company's productivity policies.

To fulfill this mission, companies create HR policies. Some companies require employees to be present for at least four days, while others mandate a minimum of three days.

Example According to Law:

Mon Tue Wed Thu Fri Sat Sun Mon
P P P A P A Without Paid (W/o) A
PL With Paid (W/o) PL
A A A A P P Paid (W/o) A

In the above example, if an employee is absent on Saturday and Monday without paid leave, they will not get paid leave W/o. However, if they adjust with PL, then they will get paid W/o.

In the third example, if an employee is absent for 4 days and only comes in on Friday and Saturday to meet the legal rule of being present at least one day on Saturday or Monday; in this case, the company establishes its own policies alongside following legal rules.

In my company, I have declared in the HR policy that an employee has to be present for at least 3 days a week and must adhere to the Saturday and Monday rule.

Example in My Company:

Mon Tue Wed Thu Fri Sat Sun Mon
P P P A A P With Paid (W/o) A

Mon Tue Wed Thu Fri Sat Sun Mon
P P P PL PL PL With Paid (W/o) A

Mon Tue Wed Thu Fri Sat Sun Mon
P P P A A A Without Paid (W/o) A

As shown above, I follow both the rules I have set and the legal rules. Without paid holiday, it is only because the employee meets the condition of being present at least 3 days a week. However, the absence on Saturday and Monday without leave adjustment results in no paid leave.

This example illustrates the policy I follow in my organization. Every company has its own strategy.

I hope you understand it well. I encourage you to prepare a human resource policy first and communicate it to all.

Thanks & Regards,
Vikas Khatter
[Email Removed For Privacy Reasons]
[Email Removed For Privacy Reasons]

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Dear All Senior,

If any employee goes on leave from Saturday to Tuesday, will Sunday be treated as leave or not? Also, someone told me that if an employee works three days in a week, Sunday will be the weekly off. If the employee goes on leave from Thursday to Tuesday, will Sunday be counted as the weekly off?

Please clarify my doubt regarding the standard policy in the private sector.

Thanks & Regards

Any Sunday, holiday, or weekly off day coming during the leave period shall be considered as leave. For example, if someone has applied for leave from Friday to Tuesday (5 days), the total 5 days shall be treated as leave, even if any weekly off day or holiday falls within these 5 days.

This policy is in accordance with the Shop and Establishment Act.

Regards,
Hiten Dalal
Officer II Personnel & HR

I am working in one of the companies as an HR. As per the subject, the same problem arises with my company employees who are approaching me. I have provided clarification, but they are requesting documentation or a PPT on this matter. If anyone has these resources, please share them with me.

Thank you.

There are different types of companies that follow different ways. One company should not follow another company's rules.

Example from the Media Field

I'll give you an example. I have worked in the media field, where they follow these rules:
1. If the employee works only 3 days in a week, we provide 1 weekly off.
2. If the employee applies for CL or EL/PL on 2 days between weekly offs, it will be counted as 2 days only. For example, CL wo CL = 2 CL and PL/EL wo PL/EL = 2 PL/EL.
3. However, in the case of SL, it will be different, as it takes 3 days. For example, SL wo SL = 3 SL.

Regards,
Prasad
Executive-HR
Myhome Constructions Pvt. Ltd.

Let me tell you that leave is a very significant chapter, and one should not reply forcefully without knowing the facts or law. In the Factories Act, it is clearly mentioned in the annual leave section that the weekly off or holidays coming in between the leave will not be counted as leave. However, in the case of sick leave or casual leave, management can frame their own policy. But for annual leave, Sundays and holidays have to be excluded.

Establishments Covered Under the Shop and Establishment Act

All states have their own Shop and Establishment Act, and there cannot be one rule for calculating the number of leaves as it varies from state to state.

Regards