Is It Legal to Deduct Pay for Unapproved Leave Around Holidays? Seeking Advice on Probation Policies

Dhani23
Hello everyone. I want to clear some doubts regarding leave taken by employees. Recently, it has happened in my company that 2-3 employees took leave on Saturday followed by Sunday, and Monday was a holiday. Now management has decided to consider all these 3 days as without pay as employees didn't take any prior approval because they are on probation. Is this right according to the law? How should leave taken before or after any two holidays be considered? Kindly advise.
Avika
Dear Dhani,

Technically, you can only consider Saturday as 'absent' or 'unauthorised leave' if they have re-joined on Tuesday. Sunday and Monday were holidays. In case they did not join back on Tuesday, then all 4 days can be treated as 'absent' or 'unauthorised leave'.

I hope this helps you.

Thanks & Regards,
Avika
Labour Law Index
Legally, your management will violate the Shops and Establishment Act of your State. If it is Maharashtra, then see https://shopsandestablishmentactsindia.quora.com/. Because Sunday is the weekly holiday (if there is no other day so designated) and you have allowed Monday as a declared holiday, one cannot do that. You can deduct money for the other days.

For more information, please refer to the provided link.
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