Privilege Leave Confusion: Do Weekends Count as Leave Days According to Policy?

I have a query related to Privilege Leaves (PL). If a person goes on PL leave from Monday to Friday (Saturday and Sunday are weekly offs), how many days should be counted as leaves (as per Government policy)? Should it be 5 days or 7 days (counting 1 Sunday and Saturday)? In such cases, are private companies allowed to count the leave for 7 days?

Kindly let me know the answer to this query and also provide me with the exact URL/documents which specify the government policy related to this.

PL is governed either by the Factories Act or the Shops and Establishments Act. Holidays falling before and after the PL will not be included.

Siva

If he goes on leave from Mon - Fri, then deduct 5 days PL. If Wed is a declared holiday, then his PL is also 5 and not 4 because any Sundays/holidays falling within his leave days will be calculated for PL. This is not the case with CL/SL calculation.

Similarly, CL and SL cannot be clubbed with PL continuously. He has to at least work for a day to break the continuity.

Regards,
Chandru

Hi,

I have one more question. Is it legal to have a sick leave policy where sick leave cannot be taken in increments of less than three days at a time? (You can take more than three days as sick leave, but not less than that).

Thanks in advance.
Bhavin

Hi Bhavin,

It may not happen in reality. He would have exhausted SL, or he can avail PL/EL. It all depends on how HR handles it. Ensure that the employee does not suffer a loss of pay despite having sufficient leave days. Instead of the SL lapsing after accumulation, utilize it and make adjustments.

Always provide a clear explanation in the employee's leave balance column regarding how and why the leave days were adjusted. That's it.

Regards,
Chandru

Hi,

I agree with Chandu. It all depends on the way HR handles it; it is very discretionary in nature. Even I would like to know the exact section under the Shops and Establishment Act, which states that the holiday before and after PL should not be counted as PL.

Regards,
Shweta

As per the TN Shop and Establishments Act, 1947, Sec 25 speaks in detail about the leave structure entitled in that state.

Sub-sec 27 states, "Notwithstanding anything contained in sec 25, the state govt may, by notification, increase the total number of annual holidays and the maximum number of days up to which such holidays may be accumulated in respect of any establishment."

Again, the clubbing of leave days with CL/SL/PL is also with HR. Out of these leaves, casual and sick leaves can be availed only during that calendar year, whereas Privilege leaves are carried forward to the next year, and these can be encashed (some companies pay at the final settlement).

Sec-28 says, "Any labour Inspector may intervene on behalf of any person employed to recover any sum from the employer that was not paid due to erroneous company policy."

The leave days definitely vary from state to state, and I remember there is a book with Chand & Co that has all State Acts in one book. Please check it.

When the management has no firm stand on the clear policy to be implemented, it becomes difficult for HR to explain to its employees. The employee handbook has to be given to all, and doubts will become a problem when things are not transparent as to what to follow and how many leaves they are entitled to.

A company with its headquarters in Mumbai has to follow the Maharashtra Act, while its branch in Chennai has to follow the Tamilnadu Act. Else, confusion may arise during payroll calculations when done according to the headquarters' approach.

Regards,

Chandru