How Do Weekend and Govt Holidays Affect Leave Calculations? Seeking Your Insights!

I have some queries on the following leave applications, which are creating administrative problems/chaos in counting employees' personal leaves. Please share your valuable comments on these issues.

Leave Calculation Scenarios

1. If an employee takes 4 days of leave (Saturday-Tuesday) after working on Thursday and does not report to duty on Wednesday, but rather on Saturday, then applies for another 2 days of succeeding leave (Wednesday & Thursday), how many days of leave will be counted?

My question is, will the succeeding Friday (Weekend Holiday) be counted as part of the leave or not, considering the employee availed leave for a continuous period and reported after the Weekend?

2. If an employee applies for 3/4 days of leave before Eid Holidays/Government Holiday, will those succeeding Holidays also be counted with the leave that the employee applied for?

For example, during the last Eid festival, some of our employees took Casual Leave on the 4th-5th, where the 6th was a Govt. Holiday, the 7th was a Working Day, and the 8th-10th were Eid Holidays.

Now my question is, after getting approval for leave on the 4th & 5th, the employee left the duty place and reported back on the 12th after Eid Holidays. In this situation, how many days of leave will be counted?

3. What if an employee takes only 4 days of leave, and subsequently, 1 Govt Holiday and 1 Weekly Holiday fall after those leaves, how many days of leave will be counted?

For example, during the last Eid festival, many of our employees took 3 days of Casual Leave from the 11th-14th, whereas the 15th was a Govt Holiday and the 16th was a Friday.

Now my question is, how many days of leave will be counted?

Please share your experienced opinion and comments.

Thank you all.

It depends on your company's policy. Many organizations have a policy wherein any leaves preceding or following a bank holiday or weekend off will be considered as part of the leave allocation.

Regards,
Monica

I do agree with it because until an employee works a full week (i.e., 6 days), they can't be entitled to a Weekend Holiday. Furthermore, any holidays/weekends, whether preceding or succeeding approved leave, should be part of the leave.

Standard Practice of Leave Management

What I think is the standard practice of Leave Management is from the last working day until the day of reporting back to duty; all the days in-between will be counted as leave.

Regards

Here are my views on your question:

1. Considering your week off is Friday, and the first working day is Saturday, as a general practice, the total leave would be 4 days (Sat-Tue) + 2 days (Wed-Thu) = 6 days if you resume office on Saturday. Since Friday is a weekly off, one cannot work on Friday even if one wishes to. However, if an employee does not resume office on Saturday but on Sunday, then the total leave would be 4 days (Sat-Tue) + 4 days (Wed-Thu-Fri-Sat) = 8 days.

2. In your example "(For example, during the last Eid festival, some of our employees took Casual Leave on 4th-5th, where the 6th was a Government Holiday and the 7th was a Working Day, and the 8th-10th were Eid Holidays). They reported to work on the 12th." As a general practice in GCC, if all working days are not worked, they will be deducted, and all approved National Holidays will be paid. In your case, leave [4-5, 6, 8-10 = 6 days] will all be paid, and the rest will be deducted.

3. Your examples "(For example, during the last Eid festival, many of our employees took 3 days of Casual Leave from 11th-14th, whereas the 15th was a Government Holiday and the 16th was a Friday)." As already mentioned earlier, on Friday, nobody can work, so the total leave would be 11-14, 15 = 5 days only, provided they resumed office on Saturday. If they resume on Sunday, then Friday & Saturday will also be counted as leave.

By the way, in India, in all the above scenarios, all will be part of leave (with or without pay as per the case) if the employee does not resume office one day prior/after the working day.

I hope I am making sense.

Regards,
Ukmitra

Thanks a lot, Ukmitra. This is one of the best answers I could get so far. Let me clarify one more thing. For example, if the 10th and 12th are government holidays, or if the 10th is a government holiday and the 12th is a weekend, what will be the leave scenario? If:

1. The employee applied for leave on the 11th only, how many days of leave should we count?
2. If the employee was absent on the 9th and after joining, applied for 1 day of sick leave only for the 11th, what will be the calculation?

I am asking these types of questions as these are the worst leave practices in the subcontinent for general employees.

Thanks again, Ukmitra.

If you see my earlier response, it answers this scenario as well. In GCC, a National Holiday means a paid holiday. So, we have to pay whatever it comes. So, in your example 9, 10, 11, 12, 13 (Tue, Wed, Thu, Fri, Sat, Sun), (working, HL, working, WO, working, working), employee attendance (AB, HL, P, WO, SL, P). In this case, no pay for 9 since absent, pay for 10, 11, 12, and 13. 12 because SL is a paid holiday as per most Labor acts and if eligible as per the relevant act.

I know you may have various issues; the best way to handle this is to have a policy in place that considers the business requirements and plans a policy that is beneficial and fair to both parties. On the other side, we only get 7 to 8 National holidays throughout the year. So, don't worry too much about this, provided it affects your productivity and profitability.

Usually in GCC, most staff will take advantage of these leaves, and this is common all around.

Regards,
Ukmitra

Understanding Indian Leave Laws

The Indian laws are clear on this. Any prefix and suffix holidays to leave days are excluded. Any holiday that falls in between leaves is counted in the leave duration.

Your query was a little confusing. Anyway, some of the experts have understood the same and have given their views on it. The standard practice is a weekly off or any holiday, whether it is a public holiday or a national holiday, the employee has to work before or after the leave. In case he is not working, prefixing or suffixing the weekly off or any holiday will be counted as leave. You can refer to the I.D. Act, where it is clearly mentioned about leaves. No clubbing of any holiday is allowed under the law.

Nobody can work on a weekly off day just to adjust his leaves. It is management's call whether they require any employee's services on a weekly off or holiday.

Thank you.

Best regards,
Deepak M.

Weekly Off and Holiday Leave Policy

The standard practice is to have a weekly off or any holiday, whether it is a public holiday or a national holiday. The employee has to work before or after the leave. In case they are not working preceding or succeeding the weekly off or any holiday, it will be counted as leave. You can refer to the I.D. Act, where it is clearly mentioned about leaves. No clubbing of any holiday is allowed under the law.

This is what I wanted to practice in my present company, but employees are so clever, and they are practicing preceding and succeeding leaves with weekly holidays as well as government holidays, creating chaos in the Leave Management. Since I have decided to change the policy to exclude any leaves that are preceding or succeeding to Weekly Off/Government Holidays, except those leaves that fall in between the leaves applied for, any other leaves, whether preceding or succeeding the leave application, will not be counted as Leave.

I hope this will serve their purpose then and they will remain happy with their tendency of availing extra leaves.

Thanks to Ajay and Deepak for your valuable response in this regard.

In GCC, as I mentioned, this is very common. What's stopping the relevant manager from refusing any leaves? You are within the labor act to refuse the leave if work demands it. But if leave is not affecting productivity, why bother? To ease your confusion, just ensure that the right calculations are in place and rest.

All the best.

Regards,
Ukmitra

Quote: SPKR

I am Indian furnishing my opinion from an Indian perspective to your query:

An employee cannot take more than 6 days at a time. The weekly half (Sunday or any other day as declared) is also reckoned for the purpose of limitation. Since you are in the United Arab Emirates, it would be better to refer to the law of the land as applicable to Government employees/workers working on permits with reference to the maximum casual leave or any personal leave applicable in a calendar year.

I feel your query has been replied to. SPKR

Clarification on Indian Leave Laws

In the above discussion, Ajay Kini says, "The Indian laws are clear on this. Any prefix and suffix holidays to leave days are excluded." Immediately thereafter, Deepak Medekar writes, "You can refer to the I.D. Act, where it is clearly mentioned about leaves. No clubbing of any holiday is allowed under the law."

Reading both the above comments, I am confused about what the LAW says, since both statements are contradictory. I request Ajay and Deepak, or any other learned member, to show the exact quote from any Act/Law, or give reference to any judgment of any competent authority in this regard.

Simple Question: What Does the Law Say About Prefixing/Suffixing Holidays/Rest Days?

Leave Eligibility as per Bombay Shops & Estt Act

The extract of Section 35 1(b) of the Act is self-explanatory.

35. Leave

(1)(b) Every employee who has worked for not less than two hundred and forty days during a year [irrespective of the date of commencement of his service,] shall be allowed leave, consecutive or otherwise, for a period of not less than twenty-one days:

Provided that such leave may be accumulated up to a maximum period of forty-two days.

Explanation: The leave allowed to an employee under clauses (a) and (b) shall be inclusive of the day or days during the period of such leave, on which a shop or commercial establishment remains closed under sub-section (1) of section 18, or on which he is entitled to a holiday under sub-section (1) of section 24 or section 31.

Hope this clarifies Mr. Bandekar's query, especially the explanation given in the Act itself.

I agree with Monica. The same policy is in place in my organization as well, which I find acceptable since people often plan extended leaves to coincide with government holidays intentionally. However, the application of this policy varies from company to company and is subject to the approval of the HOD.

Regards.

Leave Policy Query: Casual Leave and Public Holidays

In our organization, Casual Leave (total of 6 days only) cannot be combined with any other leave, such as Sick Leave or Privilege Leave. For instance, if an employee is availing Casual Leave from 25.12.15 to 31.12.15 (with the 27th being a Sunday) and 1st January 2016 is a Public Holiday (in our HR Policy, Sundays and Public Holidays are not counted towards leave), and the employee does not resume work on 02.01.2016, how should 2nd January be counted? Can the employee be marked as absent because Casual Leave cannot be combined with any other leave? Or can he/she apply for other leaves since there is a 1-day gap, i.e., 01.01.16 (Public Holiday)? Please suggest!

Thanks,

Agnes