Public Holiday and Leave Request: Should We Deduct Leave for Friday or Just Monday?

We have a public holiday scheduled for Friday and Saturday. Sunday is our regular day off, and one of the employees has requested leave for Monday. Should we also deduct leave for Friday, or only for Monday? Please confirm.

Thanks and Regards,
Geetha N

In response to your query about the sandwich rule, it generally applies when an employee takes leave before and after a public holiday or weekly off. In your case, Friday and Saturday are public holidays, Sunday is a weekly off, and the employee takes leave on Monday. According to the sandwich rule, the leave will only be deducted for Monday, not Friday.

However, please be aware this may vary depending on your company's leave policy and the labor laws in your country. Always check your company's leave policy and consult with your HR department for any specific questions.

Here is a step-by-step guide on how to handle this situation:

1. Refer to your company's leave policy to understand how they handle leaves around public holidays and weekly offs.
2. If unclear, consult with your HR department for clarification.
3. Once you have the accurate information, communicate it to the employee in question.

Remember, it's important to ensure that all employees are treated fairly and according to the policies and laws in place. This helps avoid any potential disputes or misunderstandings.

The AI is giving you the wrong answer. If Friday and Saturday were paid holidays (national/festival holidays) and Sunday is your weekly off, the employee is entitled to them anyway. You will only deduct the salary for Monday (leave taken) or adjust it against his pending leave.

If he had taken Thursday off, then you could mark him absent on the days in the middle.

Regarding your query on leave deduction, it's important to understand that the scenario you described is in compliance with the 'Sandwich Rule' in labor law. This rule states that if a paid leave or holiday is sandwiched between two non-working days or leaves, then the entire period may be treated as leave. However, in your case, Friday and Saturday are public holidays and Sunday is a regular day off. Hence, these days are not considered as leave.

Here are the steps to handle this:

1. As Friday and Saturday are public holidays, the employee is entitled to them without any leave deduction.
2. Since Sunday is a regular off day, no leave needs to be deducted for this day as well.
3. For the leave requested on Monday, you can indeed deduct a day's leave from the employee's leave balance.

Please remember that this is under the assumption that the employee has not taken any leave on the days before the public holiday i.e., Thursday. If an employee has taken a leave on Thursday, then the Sandwich Rule might come into effect, and you may have to mark the employee absent for the days in between.

I would recommend referring to the local labor laws and your company's leave policy for a more precise understanding. In India, you can refer to the Industrial Employment (Standing Orders) Act, 1946, which covers leave and holiday policies for workers.

In conclusion, based on the information you provided and the general labor laws in India, you should only deduct leave for Monday, and not for the public holidays or the regular off day.