Is an Employee Entitled to Compensatory Time Off for Unapproved Holiday Work? Seeking Advice

Dear All,

In our company, one of the staff members came to work on Ganesh Chaturthi (25 Aug 17) holiday and spent only 4-5 hours passing time (without informing the senior manager). The next day, she was absent and claimed that she took compensatory time off. In our company, the total working hours are 8.30 hours. Is she eligible for compensatory time off? How can I prove this?

Additionally, everyone in our company is apprehensive about her attitude and demeanor (including the director).

Please advise me on this matter.

Regards, Trupti

1. How did you come to know that she was only here for 4-5 hours?
2. How do you know that she has not informed the senior manager?
3. How can you prove that she was just passing time?
4. Why is the Director afraid of her attitude?

Dear Trupti, if you can prove that she came to the office on a holiday without any work-related assignment, and her boss had not permitted her to come, and that she was just passing time, then you can issue her a warning letter. Ask for an explanation as to why action should not be initiated against her for breaking the rules.

So, go ahead only when you have documented proof, as you yourself were not present on that day in the office.

By the way, why is everybody so afraid of her? She can be outright straightforward, knowing all the laws. But that is not actually bad. So, why be afraid if there is nothing wrong that you are doing? Just a question.

Regards,

Dear Trupti, without the prior approval of the reporting authority, one cannot work on Sundays or holidays. The approved leave application form must be forwarded to the HR department after obtaining approval from the reporting authority and before availing the leave. Please include the above clause in your leave policy. It should be clear and unambiguous. Do not entertain the staff member as they did not obtain prior permission from the reporting authority.

Compensatory time off vs. employee attitudes

Making decisions regarding compensatory time off is a separate issue from managing employee attitudes. These should not be combined.

Furthermore, please explain why you and your director are concerned about her attitude. What kind of attitude does she display? Mr. Thakre mentioned that justifying a mistake with facts and figures does not fall under a bad attitude. Fearing her attitude and granting compensatory time off may send a negative message to other staff members, and she may take advantage of this situation in the future.

Dear Tripti, this employee's attitude to defy the rules of discipline is allowed to be emboldened by your lack of corrective action and timidity on the part of even your Director. The employee is clearly a square peg in a round hole and if left unchecked, can become a potential problem worker. After ascertaining the facts that she came to work on a holiday without prior permission, idled away her time, and remained absent the next day claiming Comp off for it, issue her a show-cause notice for these acts of misconduct and take appropriate punitive action upon receipt of her explanation, such as a written warning, etc.

Regards, Vinayak Nagarkar HR Consultant

Dear Trupti, whether the concerned staff was called or asked to come on the day of the holiday? If yes, he or she is justified for compensatory time off. If no, he or she is not eligible for compensatory time off. One's own wish cannot avail leave unless it is sanctioned.

Was he or she assigned any task to perform by attending the office on the holiday? You can ask for an explanation if the task was not completed for which he or she was called in for holiday work.

I hope I have addressed all your queries regarding the subject to take action upon.

Dear Trupti, by seeing the above points, it seems that in your office, there are no proper guidelines for the PH. As per the act, if any employee is reporting on duty as per the need, he should be given a Compensatory Off (C Off). He should be intimated for coming on duty, perform full duty, and avail C Off on any day with proper permission from HOD.

If that lady had done only half-day work, then allow her only half-day leave. In the punching system, half-day and full-day working hours are defined. Check the timing.

Display a proper notice for availing the C Off so that this matter will not arise in the future.

Working on Holidays: Legal Considerations

Legally speaking, working on holidays for employees is not allowed without the express instructions of superiors. In many companies, security does not allow employees to enter office premises unless they have been given instructions in writing by the concerned manager. Managers allow people to work on holidays with set work targets, and the work done is reviewed on the very next day. The compensatory time off claimed is approved by the said manager with the reasons for calling the employee(s) on the holiday.

You can first speak to the manager concerned and then to the employee. Ask the employee to get approval from their manager with whom you have already spoken. Please make a process for holiday working so that undue advantage is not taken by such unscrupulous employees.

Warm Regards,
Bharat Gera
HR Consultant
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