Anonymous
For a startup, if an employee takes 3 weeks of consecutive leave, how will the salary be calculated for that one month? Should they be given 1 week's salary plus 3 Sundays' salary? What is the explanation behind adding or excluding the salary for Sunday?

In terms of salary calculation for an employee taking a 3-week continuous leave in a month, it is typically based on the company's policy and the employment laws in place. Generally, the salary for the month would be prorated based on the number of working days in the month, excluding weekends and holidays.

If the company's policy includes paying for Sundays as well, then the employee may be entitled to receive salary for those days. However, it's essential to ensure consistency and fairness in the approach taken for salary calculations during extended leaves to avoid any discrepancies or misunderstandings.

It's advisable for the startup to have a clear and transparent leave policy that outlines how salary calculations are made during extended leaves, including provisions for weekends and holidays. This can help in ensuring clarity for both the employer and the employee and in handling such situations effectively.

From India, Bangalore
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"Leave of three weeks at a stretch" means availing of earned leave or privilege leave by the employee after prior approval as the case may be. In such a case, the two Sundays falling just before the first day of leave and just after the last day have to be prefixed and suffixed respectively as paid holidays, and the intervening Sunday is to be included in the number of days sanctioned as leave; this treatment applies if all three Sundays are intervening days.

On the contrary, if it is leave on loss of pay, there is no question of payment of salary for the Sundays as they are merged with the entire stretch of leave on LOP.

From India, Salem
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It is really so good of you to respond and guide me through my query.Would appreciate if you keep guiding me further on HR .
From India, Bangalore
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It is presumed from your posting that your establishment does not have Leave Rules or Standing Orders, which generally gives the explanation. Now it depends on how you calculate earned leave for your employees. If you are calculating weekly off days along with actual working days for earned leave, then when someone is availing leave and a weekly off day is associated, it will be treated as leave. It is better not to get confused; rather, follow the explanation provided by Mr. Umakanthan & self, with which you feel comfortable. My suggestion is to frame the Leave Rule to avoid future confusion.
From India, Mumbai
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Agreed completely with Mr. Prabath. Statutory leave provisions would only reflect the scales, types, periodicity, eligibility conditions, method of calculation, the extent of accumulation, etc., of various types of leave to be granted. Incidental modalities like the maximal length of a single stretch of leave, prefixing and suffixing of holidays, clubbing of various kinds of leave on certain occasions, conditions for sanction and recall on the exigencies of work, and the like have to be found in the leave regulations of the organization only. It is, therefore, imperative that separate Leave Regulations should be framed irrespective of the size of the establishment and made known to all the employees.
From India, Salem
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Dear all professional colleagues,

The trend of querists not providing basic and essential data is increasingly noticeable. This leads to unnecessary requests for clarification and, at times, the dissemination of misleading advice. Therefore, I recommend the following key details that must be included by the querist to ensure quality advice:

- Designation of the poster
- Nature of the industry (whether a factory or a commercial establishment)
- Location of the factory/offices
- Employee strength, including the number of workers, staff, and executives
- Whether there is a union or not
- Coverage under the state's Minimum Wages Act and whether Model SOs or certified SOs are in place
- Any other pertinent data related to the raised issues/queries.

If all querists adhere to such a standard format, it will significantly aid seniors in providing value-added opinions.

I look forward to hearing your thoughts.

Regards,
Vinayak Nagarkar
HR Consultant

From India, Mumbai
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