Is the Sandwich Rule in Leave Policies Legal in India? Let's Discuss Its Validity and Court Decisions

Hi,

Is the sandwich rule legally valid in the leave policy?

Is the sandwich rule legally valid in the leave policy of any company or factory? Are there any court decisions against this policy? Under this rule, if an employee takes leave on Saturday and Monday, then Sunday will be counted as leave. However, Sunday is defined as the weekly rest day as per various acts.

Thank you.

The subject has been discussed at length many times. Still, I would like to clarify some points. Let me start with your comments that "however Sunday is defined as the weekly rest day as per various acts." Yes, Sunday (not necessarily that it should be Sunday but any day after six days of continuous working) is a weekly off, or it should be given as a day of rest. But where is it written that it should be a paid one? No.

Main Point: Leave Policies and the Sandwich Rule

If you are following the Factories Act and referring to annual leave with wages or simply earned leave, then the weekly off or holidays intervening two leave days, say Saturday and Monday, should not be counted as leave. But if it is any other leave, say sick leave, casual leave, or maternity leave, you can treat the sandwich day as leave. You can take sick leave if you are sick, and if you are medically unfit, you should not come to the office. If you are medically unfit on Saturday and Monday, naturally you will be so on Sunday also. You cannot say that you were fit on Sunday but being a holiday, you did not come! Similarly, an employee on maternity leave is physically not fit to come to work, and she cannot be fit on holidays and off days only!

Common Practices and Misunderstandings

However, the common practice is that casual leave will not be sandwiched, but earned leave will be sandwiched. This is wrong because CL/SL, etc., are a total number, say 12 days a year, but EL depends on the number of days worked in the preceding year, and it is a leave earned by an employee that can be used as he wishes. That is why he is allowed the encashment of unavailed earned leave.

Dear Friend,

Mr. Madhu has provided valuable input on earned leave and leave management. In our country, every organization has its own leave policy, framed with consideration for the respective establishments such as the Factory Act, Mines Act, CL(R&A) Act, Shops & Commercial Establishment Act, NH & FH Act. The Banking Sector declares holidays under the Negotiable Instrument Act. Some leaves are sanctioned based on agreements with unions.

There are establishments that grant leave covering 365 days as working days. The issue arises when weekly off days or FH are counted in the leave period or become sandwiched. The establishment without Standing Orders and a leave policy raises unnecessary questions that are difficult to address due to the lack of a baseline.

As of the last update in January 2022, there isn't a specific "sandwich rule" in Indian labor laws. However, the concept of sandwich leave (taking unpaid leave between paid leave periods) can be implemented by companies through their leave policies, subject to compliance with relevant labor laws and regulations.

Indian Labor Laws and Leave Policies

In India, labor laws are governed by both central and state governments, and there are various statutes and regulations that deal with aspects of employment, including leave entitlements. The specific provisions regarding leave policies, including unpaid leave, may vary depending on factors such as the industry, location, and nature of employment.

Flexibility in Employer Leave Policies

Employers in India typically have the flexibility to establish their own leave policies, including provisions for unpaid leave, as long as they adhere to applicable labor laws and regulations. These policies should be clearly communicated to employees and applied fairly and consistently across the organization.

Consultation with Legal Experts

It's essential for employers to consult with legal experts or HR professionals familiar with Indian labor laws when drafting or implementing leave policies, including any provisions for unpaid leave, to ensure compliance and mitigate legal risks.