Leave Dilemma: Can Employees Reclaim Holidays After Working Abroad During Diwali?

Hi all,

This was a question asked in an interview. If an employee goes out of India for official work during his Diwali break, is he entitled to leave later on? Can he ask for those holidays later?

Hello Anonymous,

Yes, he/she is allowed to claim for leaves in accordance with the organization's travel policy guidelines.

Thank you.

If an employee worked during Diwali vacations while others enjoyed vacation or a paid holiday, then that employee is entitled to compensatory time off instead of taking leave.

Compensatory Time Off for Working During Holidays

Any person who works during a holiday (weekly holiday, national holiday, or festival holiday) during which the office/factory is closed and would have otherwise had a holiday is entitled to a compensatory day off. This concept of compensatory time off is provided for in the Factories Act and may also be outlined in the relevant state Shop & Establishment Acts. If applicable, the standing orders will also include a provision for the same.

In any case, it is only fair to provide a compensatory day off to the person for the holiday they were unable to take. The rule regarding compensatory time off states that it must be taken within three days of the holiday worked. However, if the individual is not a worker but an officer, a more flexible option of utilizing the time off can be offered. In such cases, it may be considered as special leave instead of compensatory time off.

Thank you for the reply. Does it mean that the compensatory offs and the leaves would be different, so in this case, he would get compensatory off and plus the Diwali holidays? Sorry for my confusion as I am a fresher and have recently started my career. Thank you for the cooperation.

Hi,

As you are giving him compensatory time off for the Diwali Holidays, there is no need to provide additional time off other than the compensatory time off.