Confused About Being Marked Absent on a National Holiday – Is This Fair?

Hi, I'm Ms. Ghosh. I need your help very urgently. As per our company rules, our office weekly off is Saturday and Sunday. I want to go on leave on Friday, which is the 23rd of January 2015. The days after the date are the 24th (Saturday), the 25th (Sunday), and the 26th of January 2015 (Monday). However, my HR department informed me that I'll be marked absent for all four days (from the 23rd of January to the 26th of January).

Question Regarding National Holiday

My question is, the 26th of January is our National Holiday, so how can they mark me absent for that day? Is that justified? Please clarify this confusion urgently.

Clarification on National Holidays and Leave Policy

Holidays that fall under the category of 'National Holidays' are 26 January, 15 August, and 02 October. Saturday and Sunday are both weekly offs in your company, and 26 January is a national holiday. Therefore, only one day (23 January 2015) will be counted as leave. Your HR is either uneducated or doesn't have the courage to stand up for the company's employees.

Hope this clears your doubt.

Hello Brijender sir, in my previous company, they used to say that if you take leave on Friday, Saturday, and Sunday, it will also be counted as leave (termed as a "sandwich") as per government laws. Is it true?

I have heard some small-time companies with limited employee strength do it. However, this is incorrect. For more details, please go through Para 9(1), (2), and (3) of the Industrial Employment Standing Orders 1946. As a matter of fact, employees use Saturdays/Sundays as a prefix and suffix to gather more holidays during their limited part of leave, i.e., a five-day approved leave from Monday to Friday becomes 9 days for the employees.

In the above case, leave can be sanctioned provided that duty should be joined on 27th Jan; otherwise, all the 3 days will be calculated as LOP. For availing NH, earlier or after present must. As per prevailing practice, it is acceptable to all.

Addressing Leave Application Issues

HR is wrong. Submit your leave application under proper acknowledgment. Check your leave balance.

Report the transgression to the Inspector appointed under the Shops & Commercial Establishments Act, the Payment of Wages Act (if wages are deducted), the Labor Inspector, or Employees/Trade Union Leaders.

Mr. Ghose, Mr. Brijendra Singh is perfectly right. You will be marked on leave for the 23rd of January only. Otherwise, prefix/suffix holidays are allowed with your leave.

Regards,
N.K. SHARMA

Thank you all for guiding me in this way and clearing all my confusions. Sir, I joined duty on 27th January, but still, the HR is arguing about the leave matter. He said from 23rd to 26th, it will be counted as "leave without pay." In that case, what should I do and what steps can be taken against this wrong decision? Please advise me.