Could anyone tell me, please, where the leave rules are written in the ACT? Kindly inform me if someone is on earned leave, would a holiday falling in between the leave be counted as a leave day or not?
There is no one universal act to lay down leave rules for uniform application. It depends upon the nature of the establishment. If your establishment is a commercial establishment, you need to follow the leave rules laid down under the Shops and Establishments Act applicable to your state. If it is a factory, you need to follow the Factories Act, and so on.
In the Factory Act, there is no straightforward explanation regarding leaves. Where can I get a satisfactory answer to my question: whether holidays (like Sunday) will be counted in the leave days when the leave is in continuation from the previous week to the next week. If you have any documents, please kindly send them to me!
Please refer to Explanation 2, Section 79 of the Factories Act, which states that the earned leave admissible shall be exclusive of all holidays, whether occurring during or at the end of the leave. Thus, Sundays falling during the leave period shall be excluded.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
Whether it is for any leave, if you are continuously on leave, then your week off will be counted as a leave only. You should be present either a day before a holiday/week off or a day after your week off/holiday to make it count as a week off/holiday.
What Mr. Chander said is true. This seems to be confusing: whether Sunday or other holidays count as leave when someone is on a long leave or on leave for two weeks? Kindly clarify.
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