This is a query regarding the leave without pay policy. We have a case where one of the employees was absent on 14th and 16th August. 15th August was a Gazetted holiday. Since he did not have any leave balance, his leaves will be without pay. Please advise whether the leave without pay should be for three days or two days.
Regards,
Kavita Rao
From India, New Delhi
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3Regards,
Kavita Rao
From India, New Delhi
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No doubt, leaves without pay will be inclusive of holidays or weekly off days which may intervene. Therefore, you can deduct three days pay. Madhu.T.K
From India, Kannur
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From India, Kannur
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Well, whatever the reason but being a national holiday on 15th August, you can not count it as a leave taken and you can deduct the payment for rest of the two days.
From India, Lucknow
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From India, Lucknow
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Yes, due to national holiday on 15th of August,You can’t count it as leave taken so you can deduct the payment of rest of two days. Rajesh
From India, Barddhaman
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From India, Barddhaman
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Payment for National Holidays During Unpaid Leave
Will you pay for the four national holidays if a person has been on leave without pay for the entire year? No. The same ruling applies here also. There is nothing wrong in refusing to pay salary for a holiday if the suffix and prefix of the said holiday are unpaid leaves.
Madhu.T.K
From India, Kannur
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Will you pay for the four national holidays if a person has been on leave without pay for the entire year? No. The same ruling applies here also. There is nothing wrong in refusing to pay salary for a holiday if the suffix and prefix of the said holiday are unpaid leaves.
Madhu.T.K
From India, Kannur
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Either it is a national holiday, a public holiday, or a weekly off. If you are absent for 2 days, i.e., after and before the mentioned holidays, we should count it as 3 days.
Regards,
Binod
From Nepal, Kathmandu
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Regards,
Binod
From Nepal, Kathmandu
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Hello Kavita, The established practice in a PSU under Central Govt. is that if an employee is a permanent employee, i.e., he is not a probationer/casual/badli/apprentice employee, he is entitled to full wages for national holiday(s) falling in the month if the employee has put in even one day of attendance in that month. However, no wage is paid for national holiday(s) if he is absent for the entire month. I am not sure if there is any such rule in black and white, but it is followed.
Best of luck,
Regards, AK Jain HR Personnel NCL, CIL
From India, New+Delhi
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Best of luck,
Regards, AK Jain HR Personnel NCL, CIL
From India, New+Delhi
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Yes leave would b inclusive o. 15 Aug and you will have to consider him on 3 days leave without pay
From India, Ratlam
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From India, Ratlam
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Understanding the "Sandwich Leaves Rule"
In fact, this rule is called the "Sandwich Leaves Rule." If an employee takes leave one day before Sunday, known as an "Off Day," and one day after Sunday, then this will be called the "Sandwich Leaves Rule." HR/Payroll/Employers can deduct three (03) days collectively as Unpaid Leave.
Exceptions for Gazetted Holidays
However, in the case of Gazetted Holidays like 15th August, one cannot apply the "Sandwich Rule." Therefore, only two (02) days will be deducted as Unpaid if there is no leave balance in the employee's account or if they are in the Probation Period.
From Pakistan, Sialkot
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In fact, this rule is called the "Sandwich Leaves Rule." If an employee takes leave one day before Sunday, known as an "Off Day," and one day after Sunday, then this will be called the "Sandwich Leaves Rule." HR/Payroll/Employers can deduct three (03) days collectively as Unpaid Leave.
Exceptions for Gazetted Holidays
However, in the case of Gazetted Holidays like 15th August, one cannot apply the "Sandwich Rule." Therefore, only two (02) days will be deducted as Unpaid if there is no leave balance in the employee's account or if they are in the Probation Period.
From Pakistan, Sialkot
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Dear, Generally organizations form polices where prefixed or suffixed day of any holiday considered as a Leave Without Pay. So you can cut 3 days pay. Please check your org. policy
From India, Pune
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From India, Pune
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It should be 2 days deductable and one holiday as the holiday is a gazzetted public holiday. Same rule applies if the person is on MC day before and after holiday. Cheers. Sonny
From Malaysia, Johor Bahru
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From Malaysia, Johor Bahru
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As you mentioned, he was absent during the period from 14th August to 16th August, and you had no information. The leave without pay (LWP) will be inclusive of holidays or weekly off days that may intervene. Therefore, you can deduct three days' wages.
Regards,
Mohan.
From India, New Delhi
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Regards,
Mohan.
From India, New Delhi
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In my view, if an employee is absent from 14/08/2013 to 16/08/2013 with no leave balance, then in this case, the benefit of the national holiday, i.e., 15/08/2013, will be granted to him. Therefore, during the aforementioned period, the Leave Without Pay (LLWP) days will be 2 instead of 3.
Thanks & Regards,
Sumit Kumar Saxena
From India, Ghaziabad
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Thanks & Regards,
Sumit Kumar Saxena
From India, Ghaziabad
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Dear All, I would like to know if festival holiday & off day (sunday) comes in between the leave period,should we treat it as leave only? Pls comment. regards sreedevi
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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It depends on the organization's policy. Some organizations do not include weekends (week offs) when calculating leaves. However, in cases where an employee is on Leave Without Pay (LWP), they are not entitled to be paid for those weekends.
I have corrected the spelling, grammar, and punctuation errors in the text while ensuring proper paragraph formatting.
From India, New Delhi
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I have corrected the spelling, grammar, and punctuation errors in the text while ensuring proper paragraph formatting.
From India, New Delhi
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Leave Period Exclusion for Holidays
If festival holidays and weekends fall within the leave period, then the leave period should exclude these holidays and weekends. This is because leave should always be granted in lieu of working days instead of holidays and weekends.
Regards,
Sumit
From India, Ghaziabad
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If festival holidays and weekends fall within the leave period, then the leave period should exclude these holidays and weekends. This is because leave should always be granted in lieu of working days instead of holidays and weekends.
Regards,
Sumit
From India, Ghaziabad
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Due to the national holiday on the 15th of August, you can't count it as leave taken. On a national holiday, if an employee is working, then as per labor laws, we should pay them double salary or provide Comp Off. Therefore, you can deduct the payment for the remaining two days.
Regards,
Rajeev Ranjan Shrivastava
H.R. Executive
DS Hotels & Resorts (India) Ltd.
From India
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Regards,
Rajeev Ranjan Shrivastava
H.R. Executive
DS Hotels & Resorts (India) Ltd.
From India
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Let me add one more thing: a sandwich holiday is given as a holiday and not as leave only if the suffix and prefix of the holiday are PAID LEAVES. In the case of LOP, this rule will not apply.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Entitlement to Holiday Pay Despite Leave Without Pay
If the law on national and festival holidays of the state provides that if an employee works for a certain number of days during a specified period before the holiday (as in Kerala), then he shall be paid salary for the holiday. He is entitled to the salary irrespective of the fact that he was on Leave Without Pay (LOP) on the day before and after the holiday, if he satisfies the condition.
Regards,
Varghese Mathew
From India, Thiruvananthapuram
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If the law on national and festival holidays of the state provides that if an employee works for a certain number of days during a specified period before the holiday (as in Kerala), then he shall be paid salary for the holiday. He is entitled to the salary irrespective of the fact that he was on Leave Without Pay (LOP) on the day before and after the holiday, if he satisfies the condition.
Regards,
Varghese Mathew
From India, Thiruvananthapuram
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I quote the Tamil Nadu National and Festival Holidays Act of 1958. I presume most of the states have similar provisions:
"Provided that no such employee shall be entitled to be paid any wages for any of the holidays allowed under Section 3 other than the 26th January, the 1st May, the 15th August, and the 2nd October unless he has been in the service under the employer for a total period of 30 days within a continuous period of ninety days immediately preceding such holiday."
The Act does not specify any condition for all four national holidays. If a person joins on 14th August, he is eligible for a paid holiday on 15th August.
Judgments on Holiday Wages
I reproduce certain portions of two judgments:
1. Madura Coats Limited vs. Inspector of Factories 1981 (I) LLJ 255:
"It is true that where a strike is neither illegal, being not in contravention of any statutory provision, nor unjustified having been lodged as a protest against the unreasonable attitude of the management, there is no reason to deprive the workmen of their wages."
2. Dasappa vs. Labour Court and another 1970(I) LLJ 485:
"The proviso is applicable only to subsection (3). The word 'such' used therein makes the operation restricted. If it was the intention of the legislature that the proviso should cover the entire section, the word 'such' would not have been used there; the proviso would have stated a categorical proposition by laying down 'provided that no employee shall be entitled to be paid.' The word 'such' necessarily has reference to the two categories of employees referred to in subsection (3).
The requirement of an employer satisfying the need of service for thirty days within a continuous period of ninety days immediately preceding the holiday would apply to such workers if they were to claim their rights to wages for the holiday. There is no doubt that the explanation is only to the proviso."
Eligibility for Holiday Wages
Hence, only the following two categories need to fulfill the condition specified in the proviso:
This subsection provides for the payment of wages for two categories of employees -
1. An employee who is paid wages by the day, i.e., paid his wages at the end of each day as soon as he completes his work for the day.
2. An employee who is paid at piece rates.
All other employees are eligible for wages for national and festival holidays immediately on joining.
Question on Sandwich Leave
Having said this, the question here now is whether he or she needs to be paid for a holiday if it is sandwiched between two loss of pay days.
The answer to this lies in the answer to the following question:
If an employee is on loss of pay leave for 14th August and 16th August and if he is called to work on 15th August and if he works on 15th August, what is the rate of wages he will be paid?
The answer is he will be paid twice his normal wages.
If he has to be paid twice his normal rates of wages if he is called to work on a holiday, with the same stretch of argument, it can be deduced that an employee is eligible for wages for a national or a festival holiday even if he is sandwiching the same with two loss of pay leave.
From India, Chennai
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"Provided that no such employee shall be entitled to be paid any wages for any of the holidays allowed under Section 3 other than the 26th January, the 1st May, the 15th August, and the 2nd October unless he has been in the service under the employer for a total period of 30 days within a continuous period of ninety days immediately preceding such holiday."
The Act does not specify any condition for all four national holidays. If a person joins on 14th August, he is eligible for a paid holiday on 15th August.
Judgments on Holiday Wages
I reproduce certain portions of two judgments:
1. Madura Coats Limited vs. Inspector of Factories 1981 (I) LLJ 255:
"It is true that where a strike is neither illegal, being not in contravention of any statutory provision, nor unjustified having been lodged as a protest against the unreasonable attitude of the management, there is no reason to deprive the workmen of their wages."
2. Dasappa vs. Labour Court and another 1970(I) LLJ 485:
"The proviso is applicable only to subsection (3). The word 'such' used therein makes the operation restricted. If it was the intention of the legislature that the proviso should cover the entire section, the word 'such' would not have been used there; the proviso would have stated a categorical proposition by laying down 'provided that no employee shall be entitled to be paid.' The word 'such' necessarily has reference to the two categories of employees referred to in subsection (3).
The requirement of an employer satisfying the need of service for thirty days within a continuous period of ninety days immediately preceding the holiday would apply to such workers if they were to claim their rights to wages for the holiday. There is no doubt that the explanation is only to the proviso."
Eligibility for Holiday Wages
Hence, only the following two categories need to fulfill the condition specified in the proviso:
This subsection provides for the payment of wages for two categories of employees -
1. An employee who is paid wages by the day, i.e., paid his wages at the end of each day as soon as he completes his work for the day.
2. An employee who is paid at piece rates.
All other employees are eligible for wages for national and festival holidays immediately on joining.
Question on Sandwich Leave
Having said this, the question here now is whether he or she needs to be paid for a holiday if it is sandwiched between two loss of pay days.
The answer to this lies in the answer to the following question:
If an employee is on loss of pay leave for 14th August and 16th August and if he is called to work on 15th August and if he works on 15th August, what is the rate of wages he will be paid?
The answer is he will be paid twice his normal wages.
If he has to be paid twice his normal rates of wages if he is called to work on a holiday, with the same stretch of argument, it can be deduced that an employee is eligible for wages for a national or a festival holiday even if he is sandwiching the same with two loss of pay leave.
From India, Chennai
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In the Act, there is no provision for the 15th of August if a person is absent on the 14th and 16th. It will be the policy of management whether to give pay or not. Legally, he will be eligible for pay for the 15th of August. If it goes to the court of law, withholding pay will not be valid.
Regards,
D. Gurumurthy
HR & IR Consultant
Hyderabad.
From India, Hyderabad
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Regards,
D. Gurumurthy
HR & IR Consultant
Hyderabad.
From India, Hyderabad
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