Leave Policy- as per Government Rules and Regulations?

Hi, I recently joined a Data Analytics company in Noida. I need to make a leave policy for the company as per Government Rules and Regulations. Please let me know the leave policy such as CL, SL, and more.

Thanks,

Kritika Rawat

Respected HR,

I have a query regarding leave. Suppose an employee is on leave for 12 days (with two Saturdays and two Sundays in between) and then returns to work on the following Monday. Will the last Sunday be counted as a part of the leave period, given that the employee is continuously on leave? Please clarify my doubt.

Secondly, in the case of planned leave, will sandwich leave be applicable?

Regards, Rashmi

Dear Rashmi,

As per your post, below are mentioned two conditions for leave adjustment:

1. On leave according to 5 days in a week working.

2. On leave according to 6 days in a week working.

1. According to 5 days in a week working, a person should have 2.5 days working before Saturday/Sunday leave, meaning 20 hours working in the week applicable to available hours, considering Sunday as a leave day. If the person has sufficient leave quota, i.e., EL for leave adjustment, then as per the law, the leave will be adjustable; otherwise, it will be deducted.

2. According to 6 days in a week working, a person should have 3 days working before Saturday/Sunday leave, meaning 24 hours working in the week applicable to available hours, considering Sunday as a leave day. If the person has sufficient leave quota, i.e., EL for leave adjustment, then as per the law, the leave will be adjustable; otherwise, it will be deducted.

3. Compensatory Off will be adjustable as per the company policy.

Hope this clarity above will help you.

Thanks & Regards,

Davinder Makhloga

Dear Rashmi,

As per the Factories Act of 1948, the leave entitlement can be provided in two different cases:

1) Employees (Regular) - The employees are eligible for a 30-day PL/EL (intervening Holidays and Weekly off are also counted in that period as leave).
- For companies that have a 5-day working week, the leave is allowed for 21 days.
- CL is allocated from 7 to 10 days as per the Standing Orders.
- Sick Leave is at the discretion of the management.

2) Workers in the Factory - One leave for every 20 days worked is considered in the EL as per the Factories Act.
- CL & Sl are more or less similar to those of the regular employees.
- The PL can be carried forward.

Thanks & Regards,
Davinder Makhloga

Respected Sir,

Thank you for your response. Perhaps I am mistaken, but my query is: suppose I am on leave from 15 Nov. to 26 Nov (Tuesday 15/11/2016 to Saturday 26/11/2016), and I am on duty on 28/11/2016, Monday. In this case, does Sunday, 27/11/2016, count as leave? If yes, then how and why, please explain. Please refer to the calendar below:

Monday Tuesday Wednesday Thursday Friday Saturday Sunday
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 24 26 27
28 29 30

Thanks and regards,
Rashmi

Dear Rashmi,

In your case, if the applicant has applied for six days, then we cannot include the seventh day from the side. If the weekly off is on Sunday and if the person has applied for leave for six days from Monday to Saturday, then the preceding Sunday is called a prefix and the succeeding Sunday is called a suffix. If the person remains absent on the day before and after the week off (i.e., Saturday and Monday), then his/her weekly off is considered as leave; otherwise, being present on any one day can be considered as Sunday as the weekly off. 20th November (Sunday) will be considered as leave, not the weekly off.

Thanks & Regards,
Davinder Makhloga