Navigating Leave Policies: How to Handle Continuous Leave Over a Public Holiday?

Last month, in May, when I was calculating attendance, I encountered a challenge. An employee had taken leave from 29th April 2013 to 4th May 2013. For the 29th and 30th of April, we had included CL in the closing of the April month's attendance without knowing that the leave would be extended. Additionally, 1st May 2013 was a public holiday, as declared by management. However, we do not have any leave types available except CL, LOP, and COF (if worked).

Guidance Needed on Leave Policy

In this situation, as per XXX Company policies, can we:
1. Deduct the salary for 1st May 2013 in the case of continuous leave?
2. Apply any leave category for the employee's absence on 1st May?

Please provide guidance on this issue.

Thank you.

Reviewing Your Company's Leave Policy

Please check your company's leave policy. According to the policy I have created, it is called Sandwich Leave (sounds funny). In this continuous leave scenario, leaves will be calculated. If an employee has a leave balance, they can apply for it; otherwise, it will be deducted accordingly.

Regards,
Deepak

XXX Company has declared May Day as a holiday, and there was no working period. However, as per the leave rules of our company, after two days of casual leave (CL), the third day should also be a CL if the employee has no balance. In this case, the employee cannot apply for CL for May Day as there is no leave balance for the month of April, considering the leave taken from April 29 to April 30, leading to continuous leave up to May 4th.

Question on Salary Deduction for May Day

The question is whether we can deduct May 1st from the salary calculation. Although our company policy states that it will be deducted, we have not yet framed rules for public holidays, which are currently being automatically marked as loss of pay (LOP) by the ERP system.

Please advise on the appropriate action to take in this scenario.

Thank you.

Please consider that he has LOP and deduct the salary for the same.

Regards,
Deepak

Hi Deepak, how can we deduct the salary when the company is declaring a holiday such as May Day, which falls under a Paid Holiday? They are saying that the ERP system is automatically deducting and marking it as Loss of Pay (LOP). The issue is that the ERP program has not been configured to account for May Day as a paid holiday, so the deduction is happening. The question is, can we deduct the salary for May Day or not?

In my opinion, we should not deduct it. Regardless of the leave policy, in the case of a holiday declared by management, where the employee has received prior approval before the public holiday, it seems unfair to deduct their salary for that day.

Hi Deepak,

Query on Salary Deduction for Declared Holidays

How can we deduct the salary when the company is declaring a holiday such as May Day, as it comes under a Paid Holiday? We can't deduct; they are saying that it is the ERP which is deducting and making it as LOP. This means the ERP program has not scheduled May Day as a paid holiday, so we can't deduct. My query is, can we deduct or not?

According to me, we can't deduct it because whatever the leave rules may be, in the case of a holiday declared by management and when the employee has prior approval before the public holiday, how can we deduct salary for the same?

In that case, if an employee is going on PL/EL from 30th April until 5th May and joins back on 6th May, should their leave be counted as 5 PL/EL instead of 6 PL/EL?

Regards,
[Username]

It is not so. It is when an employee takes leave from 29th to 5th of May and resumes duty on 6th of May with prior permission. So in terms of attendance calculation, can we consider:

1. Deducting 1st May as the employee has taken continuous leave.
2. However, on 1st May, management has declared a holiday for all, even though the employee is on leave. Should we deduct this day, which was declared a holiday?
3. Our earlier friends have suggested checking the company's leave policy, which does not include other leaves besides CL and LOP. If an employee takes more CL than allowed, it will be considered LOP.
4. In the scenario where an employee has applied for CL on 29th and 30th April, but 1st May is a public holiday, how can we deduct the salary for 1st May as it is a public holiday?

Please suggest on this matter.

Attendance Calculation During Continuous Leave

When an employee takes leave from the 29th of April to the 5th of May and resumes duty on the 6th of May with prior permission, can we consider the following for attendance calculation:

1. Can 1st May be deducted as the employee has taken continuous leave?
2. Even though 1st May was declared a holiday by management, can we deduct it as the employee was on leave?
3. Our leave policy only considers CL and LOP; more than 2 days of CL would be considered as LOP. How should we handle the scenario of 29th and 30th April being CL, and 1st May being a public holiday?
4. How can we deduct salary for 1st May, given it was a public holiday and the employee was on continuous leave until the 4th of May?

As mentioned, since it is continuous leave from 29th April to 4th May, the salary deduction can be considered as LOP, regardless of public holidays or holidays declared by management.

If the leave had ended on 30th April and it was a public holiday declared by management, the employee would have received a salary for 1st May.

The HR is adjusting the CL for April to calculate attendance; the employee is not requesting to count 1st May as a public holiday, as he was on continuous leave till the 4th of May. If there is insufficient leave balance, it can be considered as LOP. This is my perspective; other viewpoints may also be considered.