The Sandwich policy is a general practice followed by companies and the organizations where a usual week off gets clubbed with the paid leave applied by the employee just near the week off and is treated as a leave day.
For instance, If someone takes a leave from 23rd Jan, i.e., Friday to 26 Jan i.e., Monday, and 25th being Sunday – then his leave would be counted for 3 days instead of 2 days under the sandwich rule.
The concept of sandwich rule came up from the leave structure of factory workers, where productivity was hugely dependent on man working hours.
While the policy holds no legal restrictions and provisions, it can be followed by any company/employer as per terms discussed with the employee.
An employer can deduct leave taken by an employee for Saturdays (being a working day ) and Sundays and :
In case applicability of Sandwich Rule was previously stated in the employment contract, the employee has no other option but to accept the leave deduction.
In case not previously stated to the employee, it is advisable to negotiate with the HR department or the employing company for the same. If no common solution comes, then the employee can sue his employer after seeking the advice of a legal consultant.