Dear HR Professionals,
I have a query. If an employee is on leave from the 20th of January to the 30th of January and joins back on the 1st of February, with the 31st of January being a Sunday, please clarify whether the 31st of January, i.e., Sunday, will be counted as leave or a working day as the employee joins back on the 1st of February, i.e., Monday. Kindly advise on how to calculate his salary.
Regards,
Shikha
From India, Ludhiana
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3I have a query. If an employee is on leave from the 20th of January to the 30th of January and joins back on the 1st of February, with the 31st of January being a Sunday, please clarify whether the 31st of January, i.e., Sunday, will be counted as leave or a working day as the employee joins back on the 1st of February, i.e., Monday. Kindly advise on how to calculate his salary.
Regards,
Shikha
From India, Ludhiana
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Dear Shikha,
If the employee had reported to work on the 30th, then the 31st would be a holiday. If the employee directly joins on the 1st, then the period of leave would be from the 20th to the 31st.
Was the employee given a paid holiday or was it considered Loss of Pay (LOP) for the leaves taken?
Thank you.
From India, Bangalore
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If the employee had reported to work on the 30th, then the 31st would be a holiday. If the employee directly joins on the 1st, then the period of leave would be from the 20th to the 31st.
Was the employee given a paid holiday or was it considered Loss of Pay (LOP) for the leaves taken?
Thank you.
From India, Bangalore
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Hi,
Thanks for the reply. Those were leaves without pay. What I know is if you take a day off on Saturday and then another day off on Monday, then Sunday is counted. But if the employee joins back on Monday, then Sunday would not be deducted from the salary. Please clear my doubts.
Thanks & Regards,
Shikha
From India, Ludhiana
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Thanks for the reply. Those were leaves without pay. What I know is if you take a day off on Saturday and then another day off on Monday, then Sunday is counted. But if the employee joins back on Monday, then Sunday would not be deducted from the salary. Please clear my doubts.
Thanks & Regards,
Shikha
From India, Ludhiana
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Dear Shikha, When a Weekly off is comming at the begining of the leave or end of the leave, we considers as working day, but when it comes during the leave, we consider as leave. PARESH VAJA
From India, Ahmadabad
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From India, Ahmadabad
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Hi, I am Tarun. To reply to your query, I would say that if any employee is present the very next day after his/her continuous holidays, and if he or she joins work the very next day after Sunday, in that case, Sunday will not be counted as a continuous holiday when calculating his/her salary.
Thanks,
Tarun Kumar
Kolkata
From India, Calcutta
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Thanks,
Tarun Kumar
Kolkata
From India, Calcutta
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Dear,
Great question. A weekly off is given to an employee if he/she works for 7 days. In your case, you should deduct the salary for 12 days if he/she has applied for CL or SL. Those days should be removed. If an employee doesn't work continuously for 7 days, then the employee is not entitled to offs.
From India, Hyderabad
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Great question. A weekly off is given to an employee if he/she works for 7 days. In your case, you should deduct the salary for 12 days if he/she has applied for CL or SL. Those days should be removed. If an employee doesn't work continuously for 7 days, then the employee is not entitled to offs.
From India, Hyderabad
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Dear,
Great question. A weekly off is given to an employee if he or she works for 7 days. In your case, you should deduct the salary for 12 days if he or she has applied for CL or SL. Then, those days should be removed. If an employee doesn't work continuously for 7 days, then the employee is not entitled to offs.
From India, Hyderabad
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Great question. A weekly off is given to an employee if he or she works for 7 days. In your case, you should deduct the salary for 12 days if he or she has applied for CL or SL. Then, those days should be removed. If an employee doesn't work continuously for 7 days, then the employee is not entitled to offs.
From India, Hyderabad
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Hi Shikha,
31st Jan should not be considered as leave. This is because he has joined back on Monday. Leave should be calculated only till 30th Jan. As you rightly said, if he was on leave on Monday as well, then Sunday would have been considered as leave.
Giri
From India, Bangalore
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31st Jan should not be considered as leave. This is because he has joined back on Monday. Leave should be calculated only till 30th Jan. As you rightly said, if he was on leave on Monday as well, then Sunday would have been considered as leave.
Giri
From India, Bangalore
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Dear, 31 Jan. will be considered as holiday since he joine on 1st feb. if he would have been join on 2nd feb. then upto 1st feb. it will be considered as leave days. regards, zakir
From Qatar, Doha
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From Qatar, Doha
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Dear Shikha,
Leave rules are quite simple, with an age-old provision that states if a Sunday or holiday precedes or follows the leave period that is either prefixed or suffixed with leave, it is not counted as part of the leave.
As such, if a Sunday or any holiday occurs before the start of leave, the employee is considered to have proceeded on leave only after the Sunday or holiday. Similarly, if a Sunday or holiday follows the expiry of leave, the employee is allowed to join when the office opens for work, but the closed day is not considered part of the leave.
It is a matter of common sense; the office will not open on a Sunday or holiday just to relieve a single employee, making them work for the entire closed day before proceeding on leave or having them join when the office is closed. The employee is not at fault or obliged to join when the organization is closed.
Therefore, for all purposes, a Sunday or holiday occurring before or after leave is not considered part of the employee's leave.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Management & Educational Consultancy Group
New Delhi
From India, Delhi
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Leave rules are quite simple, with an age-old provision that states if a Sunday or holiday precedes or follows the leave period that is either prefixed or suffixed with leave, it is not counted as part of the leave.
As such, if a Sunday or any holiday occurs before the start of leave, the employee is considered to have proceeded on leave only after the Sunday or holiday. Similarly, if a Sunday or holiday follows the expiry of leave, the employee is allowed to join when the office opens for work, but the closed day is not considered part of the leave.
It is a matter of common sense; the office will not open on a Sunday or holiday just to relieve a single employee, making them work for the entire closed day before proceeding on leave or having them join when the office is closed. The employee is not at fault or obliged to join when the organization is closed.
Therefore, for all purposes, a Sunday or holiday occurring before or after leave is not considered part of the employee's leave.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Management & Educational Consultancy Group
New Delhi
From India, Delhi
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Dear Sir,
Thank you very much for the reply. Even I don't want to do wrong, I have the same idea as you have mentioned here, but still, for the satisfaction of management, I had to consult with all of you. I am thankful to all for helping me. I have some more issues to discuss. Can I have your contact number if you don't mind?
Thanks & Regards,
Shikha
From India, Ludhiana
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Thank you very much for the reply. Even I don't want to do wrong, I have the same idea as you have mentioned here, but still, for the satisfaction of management, I had to consult with all of you. I am thankful to all for helping me. I have some more issues to discuss. Can I have your contact number if you don't mind?
Thanks & Regards,
Shikha
From India, Ludhiana
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Dear Mr. Dhingra,
I appreciate your reply, which is judicious and fair, as well as according to the rules of law. However, what pains me is the standards adopted by few private companies. In a bid to extort maximum benefit, these companies deny the benefits of "suffix," "prefix," or even "intervening" closed holidays to the employees. Just take a look at the responses from practicing HR professionals of companies, which effectively speak about their companies' Leave Policy.
The members will also opine that in this case, had the employee joined on Tuesday (2nd Feb.), then he would have been denied the benefit of Closed Holiday on Sunday!! Are not such policies atrocious, unfair, and Shylockian? I think all good HR professionals should come together against such policies to ensure that the Leave account of employees is debited ONLY against Working Days and they get the benefit of Holidays/Closed Holidays.
Warm regards.
From India, Delhi
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I appreciate your reply, which is judicious and fair, as well as according to the rules of law. However, what pains me is the standards adopted by few private companies. In a bid to extort maximum benefit, these companies deny the benefits of "suffix," "prefix," or even "intervening" closed holidays to the employees. Just take a look at the responses from practicing HR professionals of companies, which effectively speak about their companies' Leave Policy.
The members will also opine that in this case, had the employee joined on Tuesday (2nd Feb.), then he would have been denied the benefit of Closed Holiday on Sunday!! Are not such policies atrocious, unfair, and Shylockian? I think all good HR professionals should come together against such policies to ensure that the Leave account of employees is debited ONLY against Working Days and they get the benefit of Holidays/Closed Holidays.
Warm regards.
From India, Delhi
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Dear Shikha,
If an off day or holiday falls and the report is immediate the following day, it will be treated as though the employee enjoyed leave up to the day before the off day or holiday, and not the off day or holiday itself. Therefore, you should only consider his leave up to the 30th of January '10, and the next day will be treated as an off day (Sunday) since he reported to duty the immediate following day.
If he had reported to duty on Tuesday, Sunday (31st Jan) would have been counted as leave instead of a holiday.
With regards,
Sathish Kumar P.
From India, Jaipur
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If an off day or holiday falls and the report is immediate the following day, it will be treated as though the employee enjoyed leave up to the day before the off day or holiday, and not the off day or holiday itself. Therefore, you should only consider his leave up to the 30th of January '10, and the next day will be treated as an off day (Sunday) since he reported to duty the immediate following day.
If he had reported to duty on Tuesday, Sunday (31st Jan) would have been counted as leave instead of a holiday.
With regards,
Sathish Kumar P.
From India, Jaipur
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Dear Mr. Raj Kumar,
I agree with you, Mr. Dhingra has given a very wise statement. It's the responsibility of all the HR professionals to stand together and fight against the wrong rules which are forcing employees to leave the companies and dissatisfaction from the company policies. We are the ones who make the rules and have the full right to change as well.
Thanks & Regards,
Shikha
From India, Ludhiana
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I agree with you, Mr. Dhingra has given a very wise statement. It's the responsibility of all the HR professionals to stand together and fight against the wrong rules which are forcing employees to leave the companies and dissatisfaction from the company policies. We are the ones who make the rules and have the full right to change as well.
Thanks & Regards,
Shikha
From India, Ludhiana
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Dear Shika Please note if an employee avail long leave like 20 to 30th which is saturday and 31st is a Sunday then it will be counted. Raj
From India, Delhi
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From India, Delhi
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Dear Raj,
Thank you for the reply. In most responses, it is stated that the 31st will not be considered a leave. My confusion stemmed from the fact that the 31st falls on a Sunday, marking the end of the month. However, as per HR leave regulations, if an employee is absent both before and after a holiday, then the holiday will be deemed as their leave and deductions will apply. In this scenario, the employee is expected to return to work on Monday. Could you please provide further clarification on this matter?
Thanks & Regards,
Shikha
From India, Ludhiana
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Thank you for the reply. In most responses, it is stated that the 31st will not be considered a leave. My confusion stemmed from the fact that the 31st falls on a Sunday, marking the end of the month. However, as per HR leave regulations, if an employee is absent both before and after a holiday, then the holiday will be deemed as their leave and deductions will apply. In this scenario, the employee is expected to return to work on Monday. Could you please provide further clarification on this matter?
Thanks & Regards,
Shikha
From India, Ludhiana
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Dear Friend,
If a holiday falls in between leave days, it will be counted as a leave day (20th Jan to 2nd Feb). It is at the end of the leave period, and joining immediately following the holiday will be counted as a holiday only (20th Jan to 1st Feb).
With regards,
Sathish Kumar P.
From India, Jaipur
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If a holiday falls in between leave days, it will be counted as a leave day (20th Jan to 2nd Feb). It is at the end of the leave period, and joining immediately following the holiday will be counted as a holiday only (20th Jan to 1st Feb).
With regards,
Sathish Kumar P.
From India, Jaipur
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Hi Shikha, 31st Jan will not be included in leaves...as he has joined back on Monday i.e 1st Feb-10...
From India, New Delhi
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From India, New Delhi
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Dear Shikha,
As per my knowledge, the salary of the employees will be calculated in either of the two ways.
First, it depends on the number of days in the month. For example, January has 31 days, so salary/31=per day salary. In this kind of calculation, every holiday/off in between the leaves will be considered as leave only. However, if the employee is present on the day before/after a particular off/holiday, that day will be considered a paid day. Sundays/off/holidays will be paid days when the employee is present on the day before/after those days.
Secondly, it depends on the number of working days in the particular month. Most of the MNCs are following this calculation. For example, January has 5 Sundays, 1 public holiday (Republic Day), and 1 festival holiday (Sankranti). So salary/24=per day salary. In this kind of calculation, any off/Sunday/holiday that falls in between leaves will also be considered a paid day. In any case, the 31st of January can be a paid day for the employee.
Regards,
Sri
From India, Pune
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As per my knowledge, the salary of the employees will be calculated in either of the two ways.
First, it depends on the number of days in the month. For example, January has 31 days, so salary/31=per day salary. In this kind of calculation, every holiday/off in between the leaves will be considered as leave only. However, if the employee is present on the day before/after a particular off/holiday, that day will be considered a paid day. Sundays/off/holidays will be paid days when the employee is present on the day before/after those days.
Secondly, it depends on the number of working days in the particular month. Most of the MNCs are following this calculation. For example, January has 5 Sundays, 1 public holiday (Republic Day), and 1 festival holiday (Sankranti). So salary/24=per day salary. In this kind of calculation, any off/Sunday/holiday that falls in between leaves will also be considered a paid day. In any case, the 31st of January can be a paid day for the employee.
Regards,
Sri
From India, Pune
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Dear K2s,
31st will be the weekly off because when any employee avails leave, if Saturday and Monday are the days he is on leave, then Sunday will also be counted as leave. However, if he joins duty on Monday, then Sunday will be considered the weekly off.
Regards,
Pulkit
From India, New Delhi
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31st will be the weekly off because when any employee avails leave, if Saturday and Monday are the days he is on leave, then Sunday will also be counted as leave. However, if he joins duty on Monday, then Sunday will be considered the weekly off.
Regards,
Pulkit
From India, New Delhi
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As the employee continues on leave up to 30th January, in this case, he must mark his presence on 31st January. But he didn't do so, so he must be marked absent on that particular day. As he joined on 1st February, the duty should be counted from 1st February.
Thanks & Regards,
Sumit Kumar Saxena
9899669071, 0120-4131277
From India, Ghaziabad
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Thanks & Regards,
Sumit Kumar Saxena
9899669071, 0120-4131277
From India, Ghaziabad
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Hi,
31st January should not be considered as his leave simply because your company has a weekly off on Sunday. This is not the employee's problem. If your company were open on 31st January, he would have joined on that day. However, as it is the weekly off, he has no option but to join on 1st February.
Mugdha,
I have a query. If an employee is on leave from 20th January to 30th January and joins back on 1st February, 31st January is a Sunday. Please inform me whether 31st January, i.e., Sunday, will be counted as leave or a working day as he joins back on 1st February, i.e., Monday. Please let me know as I have to calculate his salary.
Regards,
Shikha
From India, Pune
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31st January should not be considered as his leave simply because your company has a weekly off on Sunday. This is not the employee's problem. If your company were open on 31st January, he would have joined on that day. However, as it is the weekly off, he has no option but to join on 1st February.
Mugdha,
I have a query. If an employee is on leave from 20th January to 30th January and joins back on 1st February, 31st January is a Sunday. Please inform me whether 31st January, i.e., Sunday, will be counted as leave or a working day as he joins back on 1st February, i.e., Monday. Please let me know as I have to calculate his salary.
Regards,
Shikha
From India, Pune
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That means according to you 31st jan should be considered as a leave only whether he joins back on 1st feb? Regards, Shikha
From India, Ludhiana
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From India, Ludhiana
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Dear Shikha,
In your case, that employee is not entitled to Sunday as a paid weekly off. So, Sunday will also count as a leave. Prefix suffix is considered only if he has worked that week. But if he has been on leave for the last 10 days, then how will he be entitled to a weekly off? As per the rule, "An employee is entitled to a weekly off if he has worked for 48 hours in a week."
From India, New Delhi
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In your case, that employee is not entitled to Sunday as a paid weekly off. So, Sunday will also count as a leave. Prefix suffix is considered only if he has worked that week. But if he has been on leave for the last 10 days, then how will he be entitled to a weekly off? As per the rule, "An employee is entitled to a weekly off if he has worked for 48 hours in a week."
From India, New Delhi
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As per statute, if an employee works for six days, the seventh day should be an off day. This off day will be available only when the employee works on the days prior to the off day. So, there is no question of treating it as working, which will not arise for the 31st of January.
VIJAY
HYD
From India, Hyderabad
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VIJAY
HYD
From India, Hyderabad
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Dear Sikha,
If an employee joins duty on Monday and Sunday is the weekly holiday, then the leave of Sunday will automatically be suffix, and the leave for the employee is up to Saturday. The pay for Sunday is to be paid to that employee as per the provisions of CCS (Leave) Rules, 1972.
Binod Mishra
From India, Calcutta
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If an employee joins duty on Monday and Sunday is the weekly holiday, then the leave of Sunday will automatically be suffix, and the leave for the employee is up to Saturday. The pay for Sunday is to be paid to that employee as per the provisions of CCS (Leave) Rules, 1972.
Binod Mishra
From India, Calcutta
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Dear Mr. Mishra, Can CCS(leave) rules , 1972 is applied in pvt. sector. sumit kumar saxena
From India, Ghaziabad
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From India, Ghaziabad
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Hi,
The employee has taken leave from 20th to 31st January and joins on 1st February; hence, his leave till 31st January (Sunday) would be treated as without pay. However, where the company allows only 21 days of PL, excluding Saturdays and Sundays, and if it is authorized PL, you should not count Sunday in the leave. Hope this will clear your doubts.
Govind Desai
From India, Mumbai
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The employee has taken leave from 20th to 31st January and joins on 1st February; hence, his leave till 31st January (Sunday) would be treated as without pay. However, where the company allows only 21 days of PL, excluding Saturdays and Sundays, and if it is authorized PL, you should not count Sunday in the leave. Hope this will clear your doubts.
Govind Desai
From India, Mumbai
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Dear Friends,
Generally, the leaves are divided into CL, SL, EL (Earned Leave). If any holiday comes in between the leaves, ELs will be deducted from his accumulated Earned Leaves (in the Factories Act, an adult worker will be eligible to get 1-day leave for working for 20 days); it's a general practice. CL leave should not be clubbed with any other leave. If any holiday comes in between CL, the holiday is counted as leave. For example, if an employee applied for CL leave on Saturday and didn't turn up on Monday, Sunday will be treated as leave, not a holiday, so 3 days of CLs will be deducted. However, according to the leave rules adopted in your respective organization, they will be followed accordingly.
Regards,
PBS KUMAR
From India, Kakinada
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Generally, the leaves are divided into CL, SL, EL (Earned Leave). If any holiday comes in between the leaves, ELs will be deducted from his accumulated Earned Leaves (in the Factories Act, an adult worker will be eligible to get 1-day leave for working for 20 days); it's a general practice. CL leave should not be clubbed with any other leave. If any holiday comes in between CL, the holiday is counted as leave. For example, if an employee applied for CL leave on Saturday and didn't turn up on Monday, Sunday will be treated as leave, not a holiday, so 3 days of CLs will be deducted. However, according to the leave rules adopted in your respective organization, they will be followed accordingly.
Regards,
PBS KUMAR
From India, Kakinada
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Re: Regarding Number of Days Work
Hello, I am Shri Kanchan Deb. As the staff is a permanent employee and on the payroll, even though the applicant did not append a suffix to their leave, your department has a holiday on the day the applicant is supposed to return, so the benefit goes to the applicant. By deducting one day's payment, you must provide justification and propose a suitable solution for how the individual would be able to return from leave on a holiday. This situation has no connection to the weekly off.
With regards,
Kanchan Deb
PGDPM
Email: deb_kanchan10011972@yahoo.in
From India, Delhi
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Hello, I am Shri Kanchan Deb. As the staff is a permanent employee and on the payroll, even though the applicant did not append a suffix to their leave, your department has a holiday on the day the applicant is supposed to return, so the benefit goes to the applicant. By deducting one day's payment, you must provide justification and propose a suitable solution for how the individual would be able to return from leave on a holiday. This situation has no connection to the weekly off.
With regards,
Kanchan Deb
PGDPM
Email: deb_kanchan10011972@yahoo.in
From India, Delhi
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Simple Answer...
If the employee has applied for leave until Saturday, then you need not consider Sunday as a leave. However, if the employee has applied (in writing) for leave until Sunday/Monday, you will have to consider Sunday as part of the leave.
But think from the employee's point of view. It would not be fair on their part to take unpaid leave for a day that is an official day off. Kindly request them to resubmit an application seeking leave until Saturday.
As HR professionals, we should consider the satisfaction of the personnel working with us. This way, we can gain the confidence of our team.
Regards,
Jitendra Patil
From India, Pune
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If the employee has applied for leave until Saturday, then you need not consider Sunday as a leave. However, if the employee has applied (in writing) for leave until Sunday/Monday, you will have to consider Sunday as part of the leave.
But think from the employee's point of view. It would not be fair on their part to take unpaid leave for a day that is an official day off. Kindly request them to resubmit an application seeking leave until Saturday.
As HR professionals, we should consider the satisfaction of the personnel working with us. This way, we can gain the confidence of our team.
Regards,
Jitendra Patil
From India, Pune
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The following text will answer the query.
I too agree with Mr. Dhingra who has given the correct answer to the query.
It is common knowledge that when you plan your leave, you would like your leave to commence from a Monday (prefixing the Weekly Off) and to end it on a Saturday (suffixing the Weekly Off). In both instances, the Weekly Off day will NOT be treated as part of Leave.
Vasant Nair
HR Advisor
52. WEEKLY HOLIDAYS. - (1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless: (a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and (b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier:
- delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
- displayed a notice to that effect in the factory. Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be canceled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be canceled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
79. ANNUAL LEAVE WITH WAGES. - (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of:
- if an adult, one day for every twenty days of work performed by him during the previous calendar year; (ii) if a child, one day for every fifteen days of work formed by him during the previous calendar year.
Explanation 1: For the purpose of this sub-section:
- any days of lay off, by agreement or contract, or as permissible under the standing orders;
- in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
- the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2: The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation, or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made:
- where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal, or quitting, and
- where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
(4) In calculating leave under this section, a fraction of leave of half a day or more shall be treated as one full day's leave, and a fraction of less than half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year:
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child:
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in contravention of sub-section (10), shall be entitled to carry forward the leave refused without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year:
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947):
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case, wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force and may thereafter be renewed with or without modification for a further period of twelve months at a time by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next payday.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
From India, Mumbai
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I too agree with Mr. Dhingra who has given the correct answer to the query.
It is common knowledge that when you plan your leave, you would like your leave to commence from a Monday (prefixing the Weekly Off) and to end it on a Saturday (suffixing the Weekly Off). In both instances, the Weekly Off day will NOT be treated as part of Leave.
Vasant Nair
HR Advisor
52. WEEKLY HOLIDAYS. - (1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless: (a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and (b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier:
- delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
- displayed a notice to that effect in the factory. Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be canceled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be canceled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
79. ANNUAL LEAVE WITH WAGES. - (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of:
- if an adult, one day for every twenty days of work performed by him during the previous calendar year; (ii) if a child, one day for every fifteen days of work formed by him during the previous calendar year.
Explanation 1: For the purpose of this sub-section:
- any days of lay off, by agreement or contract, or as permissible under the standing orders;
- in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
- the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2: The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calendar year.
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation, or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made:
- where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal, or quitting, and
- where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
(4) In calculating leave under this section, a fraction of leave of half a day or more shall be treated as one full day's leave, and a fraction of less than half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year:
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child:
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in contravention of sub-section (10), shall be entitled to carry forward the leave refused without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year:
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947):
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case, wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force and may thereafter be renewed with or without modification for a further period of twelve months at a time by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next payday.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
From India, Mumbai
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Dear Sumit,
CCS (Leave) Rules 1972 are applicable only to Central Government servants. Even these rules are not applicable to some specific Central Government departments, like Railways, All India Services, etc. Railways and All India Services have their own set of leave rules. All State Governments also have their different rules, but they are mostly on the lines of the CCS (Leave) Rules, 1972. Even Public Sector companies/corporations under the Central Government have their own set of Leave Rules. However, many of those prefer to adopt the CCS (Leave) Rules rather than having their own set of Leave Rules.
So, there is no question of the applicability of CCS (Leave) Rules, 1972 to the private sector. All private sector organizations are free to frame their own leave rules, but the fundamentals remain the same. The quantity or nature of leave can be different between organizations. However, any organization is free to follow the CCS (Leave) Rules. There is no compulsion or ban to adopt such rules, but all prefer to follow the line of industrial laws or the Shops and Establishment Acts, which prescribe the minimum limits, i.e., not lesser than the prescribed limits, to be allowed to the employees of any establishment.
For the benefit of all the community members, Mr. Vasant Nair has provided above this post a very good detail of the provisions of leave, as specified by the law of the land. Thus, the minimum prescribed limits and nature and kinds of leave must be observed by private sector organizations.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Management & Educational Consultancy Group
New Delhi
From India, Delhi
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CCS (Leave) Rules 1972 are applicable only to Central Government servants. Even these rules are not applicable to some specific Central Government departments, like Railways, All India Services, etc. Railways and All India Services have their own set of leave rules. All State Governments also have their different rules, but they are mostly on the lines of the CCS (Leave) Rules, 1972. Even Public Sector companies/corporations under the Central Government have their own set of Leave Rules. However, many of those prefer to adopt the CCS (Leave) Rules rather than having their own set of Leave Rules.
So, there is no question of the applicability of CCS (Leave) Rules, 1972 to the private sector. All private sector organizations are free to frame their own leave rules, but the fundamentals remain the same. The quantity or nature of leave can be different between organizations. However, any organization is free to follow the CCS (Leave) Rules. There is no compulsion or ban to adopt such rules, but all prefer to follow the line of industrial laws or the Shops and Establishment Acts, which prescribe the minimum limits, i.e., not lesser than the prescribed limits, to be allowed to the employees of any establishment.
For the benefit of all the community members, Mr. Vasant Nair has provided above this post a very good detail of the provisions of leave, as specified by the law of the land. Thus, the minimum prescribed limits and nature and kinds of leave must be observed by private sector organizations.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Management & Educational Consultancy Group
New Delhi
From India, Delhi
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Dear all,
31st cannot be considered a working day. You should deduct salary for the days from the 20th to the 31st. All Sundays and holidays in between his leave days should be deducted only.
Regards,
A. Suganthi
From India, Coimbatore
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31st cannot be considered a working day. You should deduct salary for the days from the 20th to the 31st. All Sundays and holidays in between his leave days should be deducted only.
Regards,
A. Suganthi
From India, Coimbatore
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Thank you to all for the replies. My only concern is that he joined back on 1st Feb, i.e., Monday. How can I deduct his Sunday? He had taken sick leaves, and we are approving only three out of them. Please clarify for me what I should do. I am confused; his one-day salary also means something.
Regards,
Shikha
From India, Ludhiana
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Regards,
Shikha
From India, Ludhiana
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Dear friends,
I would request the members who do not agree with the opinions of Mr. Dhingra, Mr. Vasant Nair, and others with similar, fair, and legally compliant opinions to answer the following question. I am sure it will clarify the issue involved:
"A" is a regular employee of XYZ Co. He wants to take the full month of January 2010 as EL/PL. He has sufficient leave to his credit and applies well ahead, in the month of November 2009, for a month's leave. His leave is granted by the competent authority. Considering that January 2010 has a national holiday (26th Jan.), a Festival holiday (14th Jan. - Makar Sankranti) already declared by the Co. as Festival Leave, and 5 Sundays (closed holidays and his weekly off days); how many days of EL/PL should he apply for? [January 2010 has 31 days, and the last day of the month, i.e., 31st Jan., is a Sunday]
The answer will reveal the Leave Policy of the Co.
Warm regards.
From India, Delhi
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I would request the members who do not agree with the opinions of Mr. Dhingra, Mr. Vasant Nair, and others with similar, fair, and legally compliant opinions to answer the following question. I am sure it will clarify the issue involved:
"A" is a regular employee of XYZ Co. He wants to take the full month of January 2010 as EL/PL. He has sufficient leave to his credit and applies well ahead, in the month of November 2009, for a month's leave. His leave is granted by the competent authority. Considering that January 2010 has a national holiday (26th Jan.), a Festival holiday (14th Jan. - Makar Sankranti) already declared by the Co. as Festival Leave, and 5 Sundays (closed holidays and his weekly off days); how many days of EL/PL should he apply for? [January 2010 has 31 days, and the last day of the month, i.e., 31st Jan., is a Sunday]
The answer will reveal the Leave Policy of the Co.
Warm regards.
From India, Delhi
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NOT SO SIMPLE, Mayank, as you presume!
Would you be able to work in your office if it is closed on that day? Or would your organization open the office specifically for you and put other people on duty just for you to enable you to join after leave on that day and work for the whole day of that closed day, with the other people waiting for you to leave the office?
Better rethink twice before you reply to policy matter questions.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
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Would you be able to work in your office if it is closed on that day? Or would your organization open the office specifically for you and put other people on duty just for you to enable you to join after leave on that day and work for the whole day of that closed day, with the other people waiting for you to leave the office?
Better rethink twice before you reply to policy matter questions.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
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Dear Shikha,
You are still confused. You just need to strengthen your decision-making power. People with wavering minds cannot prove to be good managers.
Just think about the situation. Did your organization open the office on Sunday to enable him to join on that non-working day? Did your organization make other arrangements to put other concerned people on duty on that day to open the office, provide him facilities, or supervise his work for the whole day to allow him to work on that non-working day?
Simply reply to these questions, and you will find your answer yourself.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
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You are still confused. You just need to strengthen your decision-making power. People with wavering minds cannot prove to be good managers.
Just think about the situation. Did your organization open the office on Sunday to enable him to join on that non-working day? Did your organization make other arrangements to put other concerned people on duty on that day to open the office, provide him facilities, or supervise his work for the whole day to allow him to work on that non-working day?
Simply reply to these questions, and you will find your answer yourself.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
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[QUOTE=suganthiaribhojan;1031292]
Dear Suganthi,
Probably you are misinterpreting the words "IN BETWEEN." The Sunday in this case is not in between but happens after the completion of the leave period.
Further, just think about the situation when your organization is unable to open the office on Sunday. You cannot put other concerned officials to open the office, to take him on duty, to hand over charge back to him, to supervise his work, and to provide facilities for his working. How can you expect him to join your office on that closed day? Why should he be put at a disadvantage on account of your organization's inability to provide him with the working environment on a closed day?
P.S. Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
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Dear Suganthi,
Probably you are misinterpreting the words "IN BETWEEN." The Sunday in this case is not in between but happens after the completion of the leave period.
Further, just think about the situation when your organization is unable to open the office on Sunday. You cannot put other concerned officials to open the office, to take him on duty, to hand over charge back to him, to supervise his work, and to provide facilities for his working. How can you expect him to join your office on that closed day? Why should he be put at a disadvantage on account of your organization's inability to provide him with the working environment on a closed day?
P.S. Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
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Dear Mr. Dhingra,
Even I have the same opinion as yours. That's why the advisors who are declining the same thing and are saying that Sunday will be deducted. I am again clarifying the situation with them. I truly agree with your statement. Thanks a lot.
Regards,
Shikha
From India, Ludhiana
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Even I have the same opinion as yours. That's why the advisors who are declining the same thing and are saying that Sunday will be deducted. I am again clarifying the situation with them. I truly agree with your statement. Thanks a lot.
Regards,
Shikha
From India, Ludhiana
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Dear Mr. Raj, You have given a very good situation. I think this will clarify everyone’s doubt and i agree with Mr. Dhingra’s opinion. Thanks & regards, Shikha
From India, Ludhiana
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From India, Ludhiana
Acknowledge(0)Amend(0)Dear Mr. Vasant,
Needless to mention, Mr. Vijay is intermingling the issues of daily wage workers and regular employees of an organization. The position quoted by him applies only to work charged daily wage workers. He needs to properly differentiate between a work charged contingent/daily wage worker employed on a daily wage basis and a regular employee being governed by regular leave rules of an organization.
In fact, some persons, like him, only confuse matters the most with partial and incorrect knowledge and apply wrong provisions to the right cases to complicate the issues further.
PS Dhingra
From India, Delhi
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If his/her weekly off is Sunday, then it will not be treated as leave. He/she will be paid for it, but if his/her weekly off is some other day, then it'll be treated as leave.
For example, we receive the salary for one month, but in the salary slip, you find that days payable = 26, days attended = 26. The remaining 4 days are weekly offs.
Regards,
Aditya Bhargava
AM - HR
From India, Pune
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For example, we receive the salary for one month, but in the salary slip, you find that days payable = 26, days attended = 26. The remaining 4 days are weekly offs.
Regards,
Aditya Bhargava
AM - HR
From India, Pune
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Dear Mr. Dhingra,
I am in full agreement with you. Some members, thanks to the miserly exposure they may have had and the very evident reluctance to read the labor laws, do tend to create avoidable confusion. I have repeatedly requested members to ask specific questions and get specific answers. Some members seem to be unable to contain their exuberance and make misplaced comments on sensitive issues.
Vasant Nair
From India, Mumbai
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I am in full agreement with you. Some members, thanks to the miserly exposure they may have had and the very evident reluctance to read the labor laws, do tend to create avoidable confusion. I have repeatedly requested members to ask specific questions and get specific answers. Some members seem to be unable to contain their exuberance and make misplaced comments on sensitive issues.
Vasant Nair
From India, Mumbai
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