Understanding Salary Deductions: How Do Gazetted Leaves Affect Pay If You Miss Work?

If the office is attended in the second half on Nov 2, 2021, followed by gazetted leaves from Nov 3 to Nov 7, 2021, and if not reported to work on Nov 8, will the days from Nov 3 to Nov 7 be counted for salary?

There has to be a uniform rule which is to be applied in all such cases. Before framing the rule, are you covered under the Industrial Employment Standing Orders Act, the Shops & Establishment Act, or the Factories Act 1948? Examine the applicable rules provided in them and evolve the policy guidelines to be applied.

The holidays will be counted as absent/leave days only if the employee is absent both before and after the holidays. Since he has worked on the day prior to the holiday, then he is eligible for the paid holiday.

Scenario Analysis for Leave Policy

In the current situation, two to three scenarios are emerging:

(i) If the attendance for November 2nd is not considered as attending the office in the second half, then the period from November 2nd to November 8th should be treated as leave or absence.

(ii) If the attendance is considered for November 2nd, 2021, then being absent on November 8th should be treated as leave/LOP for that day, excluding the notified holidays.

(iii) According to the rule, the employee is entitled to gazette holidays from November 3rd to 7th, 2021. Whether attendance for November 2nd is allowed or disallowed is a matter of policy, but November 8th should be considered as LOP if the employee does not report for work.

Now, you can decide how to proceed. This situation often arises where the leave policy is not clearly established.