Is Sunday Counted as Leave in a 6-Day Workweek? Seeking Legal Insights on Sandwich Leave in West Bengal

Hi,

I need advice. The organization has a 6-day working week with Sundays off. If an employee takes leave on Saturday and the following Monday (prefix and suffix), would Sunday also be considered as a leave day (sandwich leave concept)? The company follows leave policies as per the West Bengal S&E Act.

Kindly provide valuable suggestions from a compliance and legal viewpoint for formulating proper company leave policies.

Thank you.

Dear Friend,

Satyanarayan is correct. There is no concept of "Sandwich leaves" in any acts; this is a creation of companies.

Dear Friend,

As per the Shops and Factories Act, one paid leave has to be allowed for every 21 days of working.

Understanding Sandwich Leave

As far as my knowledge goes, sandwich leave has not been mentioned in any Act. Moreover, leave policy varies from organization to organization. The usual practice (even in the government sector, banks, etc.) is to provide privilege/earned leave, which employees can enjoy for long holidays/family tours, etc. In such cases, public holidays/weekly offs are counted. The same applies in the case of extended sickness. However, casual leave is allowed without counting public holidays/weekly off days. There are organizations that follow the Shops and Establishments Act, which is also the practice in West Bengal.

S K Bandyopadhyay (Howrah, WB)

Email: [Email Removed For Privacy Reasons]

Dear Ravi and Satyanarayana,

The Sandwich Leave concept is not only applicable in companies but also in government sectors. I would like to ask one question: if an employee is absent due to illness for around two months and all his leaves are already exhausted, then how many days' salary will you pay him in those two months?

You need to be present either before or after, at least one day to avail the benefit of a holiday or weekly off. I don't think anybody can even challenge this in court.