How Should I Adjust EL for an Employee's Leave Overlapping with Sundays?

Dear All seniors,

I am working as an HR executive in an IT company. I need your help regarding EL adjustment as one employee was on leave from 27th Dec 2011 to 8th Jan 2012. She rejoined on 9th Jan 2012. Since 1st Jan 2012 and 8th Jan 2012 were Sundays, if I adjust her EL, will 1st Jan and 8th Jan be marked as leave days or not? Kindly provide your valuable inputs ASAP. Thanks in advance.

Warm Regards,
Arti

Your IT company is registered under the Shops & Commercial Establishment Act.

Leave Policy Under the Shops & Commercial Establishments Act

As per the Shops & Commercial Establishments Act, if a person takes continuous leave that includes both preceding and succeeding weekends and public holidays, those days shall also be considered holidays. For example, if a person takes leave from Friday to Monday, Saturday and Sunday will be considered holidays. This should be treated as 4 days of leave, but the management can decide to count it as only 2 days – Friday and Monday.

If there is no established leave policy regarding this situation, it should be discussed with the management and a policy should be formulated. The policy should then be circulated to everyone in the office.

Thank you.

Thank you for your insights. My question is regarding her absence from 27th December 2011 to 8th January 2012, with her return on 9th January, a Monday. As 8th January was a Sunday, she resumed work on Monday. In this scenario, should I count Sunday as leave when adjusting her Earned Leave (EL) or not? I look forward to your response.

Thanks and Regards,
Arti

Hi Arti, No, after continuous holidays, when joining on a Monday, the Sunday should not be treated as leave or absent. For any doubts, you can call me. 

Understanding Leave Adjustments in Compliance with Legal Frameworks

Please go through the Shops and Establishments Act applicable to you, leave rules if you have any, precedents in your organization, and Standing Orders of your organization before making any decisions on service matters. Providing such background will make it easier to offer views. The key principle is that the law will prevail, and all internal rules must be at least as favorable as legally mandated.

All the best.

Regards,
S. Gurusamynathan

If the employee is on leave before and after the weekly holiday, it will be counted as leave. However, if the employee joins work the day after the weekly holiday, it will not be considered as leave.

Regards,
Samir

Apart from the above submission, I would like to say that if the person was on long leave and weekends are coming between this period, it is but natural that these weekends will be counted as earned leave taken by the employee. I agree with the view of Mr. Jeevarathnam, and it is 100% true that these leaves will be counted as earned leave/PL.

Regards,
R. B. Yadav
Advocate