Holiday Eligibility for Workers Absent Around National Holidays: What’s Your Take?

Sir,

Please advise, if a worker is absent from September 30 to October 04, and also absent from October 17 to October 22, whether he is eligible to get the 2nd October national holiday and the Diwali festival on October 19.

Please suggest.

Thank you and regards,
Mahesh

Dear MAHESHMESHI,

You need to comply with the Factories Act and rules. In the rules applicable to AP/Telangana, it is stated that within a ninety-day period, if an employee is present for thirty days, they are eligible for National holidays and Festival holidays sanctioned by the Factory.

Please review the rules in your area and ensure compliance.

Thank you.

Most companies follow the sandwich rule, which means no holiday payment is due for a holiday in the middle of leave or LWP. You need to check the local factory rules (or Shop and Establishment Act) and the standing orders that apply. If nothing is stated, you can just follow the standard practice and deny the payment for those two days.

I agree to a certain extent with the opinion offered by Mr. VVKP. You need to check your leave rules or the standing order; in their absence, follow the prevailing rules of the state where your establishment exists. In general, there is no universal explanation that is commonly applied across the country. Each establishment has its own set of rules.

Furthermore, can anybody tell me why NH, FH, and the Weekly Off day are counted along with the leave? If one can be on LOP in the absence of earned leave, how rudely we dishonor one's facility sanctioned by the statute. The original statute does not provide an explanation for which this discussion has arisen.

Regards

You are right, Mr. Prabhat Ranjan Mohanty. The holidays are provided by statutes, and when there is no earned leave, we are making LOP, and these holidays have to be provided. The sandwich rule suggested should be dispensed with in such cases. The sandwich rule certainly can be applied to casual leave and privilege leave.