Navigating Leave Policies: Are Off Days During Leave Considered Absent or Paid Holidays?

rajak.raj
If a teacher is on leave from 04/10/2015 to 15/10/2015, he applied for CL from 04/10/2015 to 10/10/2015. 11/10/2015 is an off day, and 12/10/2015 is a holiday. His CL balance is nil. From 13/10/2015 to 15/10/2015, it is treated as Absent. My query is whether 11/10/2015 and 12/10/2015 are treated as Absent or Paid holidays.
shiv28
If the employee reports on 10.10.2015 or on 13.10.2015, then 11/10/2015 and 12/10/2015 can be paid holidays. If he is absent on 10.10.2015 and also on 13.10.2015, then I think there is no provision for a paid holiday on 11.10.2015 and 12.10.2015. Maybe HR has to take a call on this.
umakanthan53
Understanding Leave and Holiday Policies

This type of question regarding the combination of several kinds of leave at a stretch or clubbing the leave period with normal weekly-offs or declared holidays, which may fall just before, after, or in the middle of the leave period, seems to be oft-repeated in the forum.

In the realm of industrial employment, leave of absence from work necessitated by certain contingent circumstances is recognized conceptually not only as a welfare measure but also as an impetus to retain the efficiency of labor in the long run. That's why we find leave provisions invariably in all establishment-related labor legislations. There is no uniformity in the leave provisions because the nature of activity differs from establishment to establishment.

Similarly, the difference between leave and holiday should also always be borne in mind. Leave, depending generally upon its nature, requires the express permission/approval/sanction of the employer to be away from work, whereas a holiday implies a blanket permission unless there is a prior requisitioning by the employer to work, subject to alternative arrangements. In other words, leave and holidays cannot be permitted to be a deterrent affecting the workflow of an organization.

Therefore, the statutory exercise of fixation of leave and holidays allowed to employees has to stop with their types and minimum numbers only. All other things incidental are to be determined by the leave policy of the organization as well as the common-sense application of the leave-sanctioning authority.
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