HR Dilemma: How Should We Handle Leave Without Pay for Unused Days Off?

I am an HR professional with an IT company in Gurgaon. I need expert and legal clarification on the following points:

1. We do not have a sandwich leave policy. I want to know if an employee has no leave balance and still takes a Friday and Monday off, should we consider it as 2 days of Leave Without Pay (LWOP) or 4 days?

2. If an employee is leaving in the middle of a month, should the final calculations be pro-rata based on the days worked and the total working days or days worked and the entire month's days?

3. What is the general practice for calculating Leave Without Pay? Is it based on company policy or specific guidelines?

Thank you.

If you do not have a sandwich leave policy, then the leave should be considered as 2 and not 4.

If an employee leaves in between the month, i.e., the 10th of any month, the Salary calculation will be 10 by 30.

General practice of LWP is to calculate based on Gross Salary.

The above is based on my understanding of your query.

Please find below the reply to your queries:

Weekly Offs Policy

1. If you do not have a sandwich policy regarding weekly offs, you can follow this one: If your company has a 5-day week and an employee worked on Monday, Tuesday, and Wednesday (3 days) but was absent or on leave without pay on Thursday and Friday, they will still receive Saturday and Sunday as paid weekly offs. The policy states that if an employee works more than 50% of the days in a particular week, they will get the upcoming weekly off. Please inform me about the usual practice you follow regarding weekly offs.

Leave Calculation for Departing Employees

2. If an employee leaves in the middle of the month, all leaves will be calculated until their last working day.

Leave Without Pay (LWP) Policy

3. You need to create policies on Leave Without Pay (LWP), as I have explained in point no. 1.

I hope all your queries have been resolved.

Regards