Paid holiday - Employee not working from the 12 April but paid holiday is on 19 April, is he eligible?

Dear All, I hope all you are safe and working from home.

1.I have a question is, if any employee has not worked before & after paid holiday (but other days he is present on work) is he / she applicable for that paid holiday?

2 Employee not working from the 12 April but paid holiday is on 19 April, is he eligible?

Kindly suggest.

He has not worked from 12th April and 19th April is a paid holiday (Weekly off??), then did he resume work on 20th April?. The Factories Act provides for weekly off on the first day of the week and is payable if the employee has worked on the remaining days of the week. You can follow that analogy.

There are two category of paid holidays i.e. National Holiday and Festival Holidays besides weekly off day.
The employee is eligible to get paid for the day declared under NH & FH.
The employee has not worked before and after paid holiday may be due to his leave can be considered for payment except those are absenting without leave. You better follow the NH & FH rules of your state in absence of your policy or any manual.

Hello Tanaji,

1. Applicability of paid holidays depends upon the leave policy rules of your company, what has been defined in that.

2. Normally what companies do, they mark such situations as sandwich rule, that says- if you are on leave before and after any type of holiday then your holiday will also be considered as your leave.

3. If your company leave policy does not have this sandwich rule then you are liable to pay for that holiday (19th april)

4. Another point to consider here is about the date of return from leaves.
If the person has resumed services on 20th april, then leaves will be from 12th to 16th (17,18 & 19 being paid holidays)

If the person has returned any date after 20th april, then you should check your leave policy and implement changes on the basis of above points.

you should always put as much of clear info as possible

I am assuming the employee left the organisation with effect from the 12th of April
In such a case, you do not have to pay for the holiday on 19th April