Understanding Sandwich Leave Policy: How Does It Affect My Leave and Salary?

Hello all, I wanted to know about the sandwich leave policy. Suppose an employee is taking leave on Tuesday and Wednesday, Thursday, Friday, and Saturday, and he joins work again on Monday. Will the sandwich apply? My HR has cut the salary on Sundays, and by taking this much leave, which was one PL of the month, that leave was also deducted and not counted in those holidays. So what would be the scenario? Will the sandwich apply, or will balanced leave be deducted and no sandwich imposed?

In the scenario you mentioned, where employees take leave on Tuesday and Wednesday, and then again on Thursday, Friday, and Saturday, with the intention of creating a long weekend, organizations might handle it differently based on their policies:

Sandwich Leave Policy

Some organizations might have a policy that considers the Sunday between two blocks of leave (such as Tuesday to Wednesday and Thursday to Saturday) as a "sandwiched" leave day. In this case, the employee might be required to apply for leave on Sunday as well, and it would be treated as part of the continuous leave period. The employee's total leave count for the week would include Sunday.

Balanced Leave Deduction

Other organizations might deduct the actual leave days taken (Tuesday to Wednesday and Thursday to Saturday) without considering Sunday as part of the leave period. This would mean the employee's total leave count would not include Sunday.

The specific policy and practice can vary from company to company. To determine the exact approach followed by your organization, you should refer to your company's leave policy, employee handbook, or consult with your HR department.

If your organization's leave policy is not clear or you have concerns about how your leave was managed, it's recommended to reach out to your HR department for clarification. They can provide you with the accurate policy information and explain how the leave was calculated and deducted in your specific situation. If you believe that there has been a mistake or an unfair deduction, you can discuss the matter with your HR department for resolution.

Understanding Leave Policies Under the Factories Act

If you follow the Factories Act, the weekly holidays or holidays intervening between two annual leaves (earned leave) should not be counted as leave. This means no kind of sandwiching is possible in the case of earned leaves. This is because the earned leave is "earned" based on the number of days worked in the preceding year. The number of days worked for this purpose does not include any weekly off days or holidays.

Leave Policies Under the Shops and Commercial Establishments Act

If your organization is a shop coming under the state's Shops and Commercial Establishments Act, there can be some differences. However, in respect of earned leaves, many states have a common rule that the holidays coming in between two earned leaves should not be counted as leave. Instead, the holiday or weekly off, as the case may be, shall be allowed as such.

Casual and Sick Leave Policies

At the same time, casual leave and sick leaves, which are admissible in numbers, say 12 days or 7 days per annum, have no bearing on the days worked in the preceding year and are not earned, can be sandwiched. The logic is that sick leave is taken when an employee falls sick. If an employee is sick on Saturday and Monday, it is logical to assume they are sick on Sunday as well, and they cannot claim to be well on Sunday.

Government Employees Leave Policy

The rule regarding government employees is that holidays falling at the commencement and/or end of a period under Earned Leave can be suffixed and/or prefixed. As for Medical Leave, the entire period covered by the medical certificate until the employee is certified to be medically fit will be treated as leave.

The period spent on Casual Leave is treated as duty. Hence, holidays can be sandwiched.