Leave Calculation Dilemma: Should Sundays Count in a 6-Day Leave?

I have a query- If an employee takes leave from Monday to Saturday (6 days), should we include both Sundays as leave if he joins on Monday? According to the law, can we count it as an 8-day leave? Please suggest.

Regards, Durgesh

Dear Durgesh,

Leave should be considered from Monday to Saturday, i.e., only for 6 days if he is joining on Monday.

Dear Durgesh,

You can consider it for 7 days as one Sunday should be considered as a weekly off only. A weekly off is his lawful right after working continuously for 6 days in the preceding week.

Dear Durgesh,

First of all, look into the company's leave policy because it matters as per statutory regulations. If any employee takes leave from the first day of the week to the end date of the week, then you have to consider only the start date to the end date. For example, Monday to Saturday (Sunday is the day off) equals 6 days. Similarly, Monday to Friday (Saturday and Sunday off) equals 5 days.

However, if an employee takes leave continuously from the previous week to the next week, then it will include the weekly off days. For instance, leave from Thursday to Tuesday - the employee rejoins on Tuesday or Wednesday (if on Tuesday, then 5 days and if on Wednesday, then 6 days).

I hope this information helps you.

Thanks,
Shibaji R.

Dear Durgesh, first of all, you need to note that any employee, after working for 48 hours a week, should be given rest with pay. Hence, the first Sunday should be the weekly off with pay. As far as the other six days are concerned, if the employee has not worked, then those six days do not qualify for pay since he has not worked for 48 hours on any of those days, and the rest day with pay does not arise.

In case the employee is on earned leave, then he is eligible for a weekly off with pay. Additionally, your leave policy and certified standing orders supersede, and the pay should be as per the rules stated therein.

Kindly refer to your leave policy to make the decision, as rightly mentioned above. While it is natural to count leave for Sunday also if the leave continues till the next week, I have seen many companies paying for Sundays during the leave period as it is considered a weekly off. Especially when an employee is sick or on sick leave, or has to attend a sick member from his immediate family, and if his leave is counted for Sunday, it is not his fault. Similarly, for exam leave or study leave, one has to consider Sunday as leave. Therefore, it is advisable that you devise your own leave policy and frame your own rules considering the situations and reasons.

I am working in a formal company. A consultant doctor is eligible for sick leave. Only in our leave policy, he is eligible for CL. Please suggest to me if he is eligible for SL or not.

Dear Mr. Hanumantharao,

Please note that all your company rules are applicable for the employees who are on roles. The consultants are bound by the related agreements; hence, their eligibility is as per the agreement signed.

Thanks,
Kameswarao