Dear colleagues,
Adopting a fixed day denominator (e.g., 26, 28, 29, 30, 31) commonly for all the months will result in a certain anomaly. For example, for a gross salary of Rs. 18,000 per month (let us assume for July '24), if the employee avails 15 days of LOP, the average per day salary works out to Rs. 692.31 per day (18000/26 = 692.31). Hence, the deduction of salary for 15 days of LOP will be Rs. 10,384.65 (692.31 x 15). Assuming the same average pay, then for the balance 15 days of duty, this employee will have to be paid another 692.31 x 16 = 11,076.96. Thus, his combined gross will work out to Rs. 21,461.61. Will it be correct when his normal gross is Rs. 18,000?
At the same time, extending the same analogy for the other part of 15 days' average pay gets modified, restricting it to the overall month's gross, which is not logical. We have to remember the employer has to be paid weekly off days even when he's not present physically, and his gross remains the same irrespective of the number of days in a calendar month(s). Therefore, it is logical to arrive at the average per day salary for the purpose of LOP deduction, divided by the respective month's calendar days.
However, for the purpose of gratuity payment, the act itself stipulates the average per day salary should be arrived at by dividing the gross by 26 days, no issue.