Unusual Leave Policy: Is It Fair to Count Sunday as Leave When Taking Saturday and Monday Off?

Hi everyone, my name is Jyoti. I work as a Senior Executive in HR and Administration. I am the only HR and admin personnel in my company, responsible for all tasks related to HR and admin. I want to understand the leave policy because in my company, if an employee takes leave on Saturday and Monday, then Sunday is also marked as leave, not a weekend off. Although my company provides only 12 leaves for the entire year - 5 PL, 4 CL, and 3 Sick Leave, excluding festivals and national holidays.

Unusual Leave Policy

Before joining this company, I worked in three other companies, and none of them followed such a policy. Even after speaking to many friends who have been working for 10 or 12 years, none of them has come across such a policy. One of my friends, who is an HR manager, also mentioned that there is no such policy; leave and weekends off are employee rights. Therefore, I request all of you to share your opinions and suggestions on this matter so that I can learn the right practices for my career and potentially influence changes in my company's policies.

If you refer to the Factories Act, then the employer is at liberty to consider Sunday/ off day as leave.

You are covered under the Factories Act or the Shop & Establishment Act?

Dear Jyoti, you have not furnished details about your Establishment/Factory. Whether it is registered under The Factories Act, 1948, or The Karnataka Shops & Commercial Establishments Act. Accordingly, please peruse the relevant Act and Rules.

Having 12 leave days for the entire year - 5 PL, 4 CL, and 3 SL - is not in conformity with the applicable law. Please focus on the subject and take up the matter with your management to ensure compliance with the provisions of leave.

Leave Policy Clarification

As stated by Mr. Ram, the leave policy will be governed by either the Factories Act or the Shop and Establishment Act of the State where your office is located. If you are working in a factory, earned leave (EL) will be governed by the Factories Act, and casual leave (CL) and sick leave (SL) will be as per State Rules.

In the case of a factory with more than 100 employees, please refer to the Standing Orders or Model Standing Orders. Otherwise, leave of all kinds will be governed by the Shops and Establishment Act of the State.

For further clarification, please email me at [Email Removed For Privacy Reasons].

Regards,
Col. Suresh Rathi

Even if we start providing you with different policies, what matters is the leave policy as per the established norms prevailing in your area and industry. It seems you are working in a company that falls under the Shops & Establishment Act of Karnataka. Therefore, it would be advisable to follow the rules under the Act and document it in the notes to your management for action. Instead of criticizing, suggest that it would be beneficial to start adhering to the rules and regulations as stipulated to avoid issues in the future. Present it as a suggestion and await the management's reaction rather than pointing out what they are doing wrong. Educate them based on the rules and include them in your email as it will assist you in your follow-up.

Thanks and Regards

Ms. Jyoti, since your establishment is a new one, if you have 20 or more employees, then the EPF Act and ESI Act also become applicable to your company. Additionally, you need to register under the Karnataka Shops and Establishment Act. As per the above Acts, 18 days of Earned Leave (EL) and 12 days of sick leave are allowed.

Also, please help in understanding if societies will also be considered under the Shops & Establishment Act. Societies are registered under the Societies Act 1860, but there is no mention of how employee benefit policies should be made.