Dear Suneeta
Thanks for your efforts and time to respond promptly. Such interactions with a wide cross-section of HR professionals, I believe, is very useful for professional developments.
I gather from your response that, as such there is no statute or rule that denies the lawful payment of wages during declared paid holidays. We, as HR professionals have to ensure it that if an employee is ON ROLL and (for whatever reason - genuine or otherwise) he is not able to ATTEND DUTIES (which he can validate later with proper documentation); he should not be deprived of his RIGHTFUL CLAIM TO WAGES.
Coming to your post, my para-wise reply is as below :
#1 : Yes. it is mentioned as absent and not leave.
Unless an employee has notified earlier and taken prior approval; this is always the case. Its only on joining back after LEAVE OF ABSENCE, that an employee puts up his application (ex-post-facto) for leave; wherein it is also mentioned thee kind of leave and duration; which is then regularized upon approval by HOD or competent Authority.
Simply proceeding on leave (with or without approval - depending on the exigencies) does not entail that the employee forgoes his rightful claim on a paid holiday.
Even if he has no leave credit in his account; he is eligible for 1 day leave with Pay; if we are to act lawful, just and fair; else you can continue to ... "think he is not entitle to take it as a Paid Absent."
The problem is - there is no one to challenge the validity of action of HR. (The management or seniors will not, as it suits them; and there are no trade union to take up the issue on behalf of the workman.)
#2 : Yes; I would be surprised to know, as you say - "25% of the salaries paid to employees are towards their leave! "
I think your data is not correct.
Can you substantiate it with fact and figures ????
Do you understand what 25% means?? It means that an employee gets 1 day leave for every 3 days work !!! In which organization it is possible ?? Not even in government service.
It also means that if 25% is paid in leaves then what about the following components :
Welfare, canteen, medical, Transport
HRA
Salary
LTC
CPF, Gratuity, Insurance
etc.
The figure given by you is an exaggerations; unless you can furnish some verifiable data.
#3 : I appreciate you for indicating that your opinion was "ädvisory" in nature.
Apart from the FACTORS given by you which regulate the leave; the most important factor left out by you is the Government Legislations, Acts which are applicable and which have to followed compulsorily; and any violation is punishable under the Law.
To conclude; I would like to add that my intention here was to engage our members in meaningful interaction; encourage their Spirit of Enquiry and to provide more learning opportunities beyond just merely ANSWERING A SPECIFIC QUERY and I thank you for your willing participation.
Warm regards.