Greetings, Sir; I have a doubt - our employee applied for leave from Monday to Saturday (6 days), and his EL Balance is 4. Will Sunday be counted as a weekly holiday or LOP? Please clear doubt.
From India, Bengaluru
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From India, Bengaluru
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Hi,
The treatment of Sunday in this situation would depend on the leave policy of the organization and local labor laws. Different companies may have different policies regarding the treatment of weekly holidays in conjunction with leave.
In some organizations and regions, if an employee takes leave from Monday to Saturday, Sunday may be considered a part of the weekly holiday and not deducted from the employee's leave balance. In this case, the employee would be considered on leave for the entire week (Monday to Saturday), and Sunday would be treated as the regular weekly holiday.
However, in other organizations or under labor laws, Sunday may be considered separately, and if the employee wants to take Sunday off as well, it might be treated as an additional day of leave, resulting in a deduction from the employee's leave balance.
To get a clear answer, you should refer to your company's leave policy or consult with the HR department to understand how leave is calculated and how weekly holidays are treated in such scenarios. Additionally, it's essential to be aware of labor laws that may govern leave policies.
Regards
From India, Bangalore
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201The treatment of Sunday in this situation would depend on the leave policy of the organization and local labor laws. Different companies may have different policies regarding the treatment of weekly holidays in conjunction with leave.
In some organizations and regions, if an employee takes leave from Monday to Saturday, Sunday may be considered a part of the weekly holiday and not deducted from the employee's leave balance. In this case, the employee would be considered on leave for the entire week (Monday to Saturday), and Sunday would be treated as the regular weekly holiday.
However, in other organizations or under labor laws, Sunday may be considered separately, and if the employee wants to take Sunday off as well, it might be treated as an additional day of leave, resulting in a deduction from the employee's leave balance.
To get a clear answer, you should refer to your company's leave policy or consult with the HR department to understand how leave is calculated and how weekly holidays are treated in such scenarios. Additionally, it's essential to be aware of labor laws that may govern leave policies.
Regards
From India, Bangalore
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If the employee is returning to work on Monday, then no way the preceding Sunday will be marked as LOP.
From India, Kannur
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From India, Kannur
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There is a technical consideration. I hope Mr. Madhu will agree (Note: we do not know if this is a factory or office and which state).
The Minimum Wages Act and Factory Act both require the employer to provide a paid weekly off for working six days in a week. An official holiday and approved leave are considered as working. However, in this case, two of the days are LWP. So from a technical point of view, the employee has worked four days and is not eligible for a paid holiday.
However, taking such a narrow and unfair view is counterproductive. Employee morale drops, and people will leave as other companies become more attractive as an employer.
From India, Mumbai
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The Minimum Wages Act and Factory Act both require the employer to provide a paid weekly off for working six days in a week. An official holiday and approved leave are considered as working. However, in this case, two of the days are LWP. So from a technical point of view, the employee has worked four days and is not eligible for a paid holiday.
However, taking such a narrow and unfair view is counterproductive. Employee morale drops, and people will leave as other companies become more attractive as an employer.
From India, Mumbai
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I agree with my friend Saswata. However, in a facility where 24/7 working hours are available, the same can be enforced, allowing for staggering of weekly offs. This can also be applied to daily-rated workers.
In an arrangement where Sundays are designated as closed, if we consider a 32-hour workweek (4 days of leave with pay at 8 hours per day), marking the weekly off as leave without pay would alter the cycle.
Moreover, the Minimum Wages Act specifies that after every 6 days of work, an employee must be granted a 24-hour holiday, which does not necessarily have to be a paid holiday or a weekly off day. The wages for this day are already factored into the working days. Therefore, the daily average wage is calculated by dividing the monthly salary by 26, not by 30 or 31 days.
From India, Kannur
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In an arrangement where Sundays are designated as closed, if we consider a 32-hour workweek (4 days of leave with pay at 8 hours per day), marking the weekly off as leave without pay would alter the cycle.
Moreover, the Minimum Wages Act specifies that after every 6 days of work, an employee must be granted a 24-hour holiday, which does not necessarily have to be a paid holiday or a weekly off day. The wages for this day are already factored into the working days. Therefore, the daily average wage is calculated by dividing the monthly salary by 26, not by 30 or 31 days.
From India, Kannur
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The settled law states that an employee will go on Loss of Pay (LOP) if they do not have a leave balance in their account. Whether Sunday is considered as leave depends on the policy adopted by your company. If the company grants leave on days when the employee is present, then Sunday cannot be counted as leave; otherwise, it is countable. As we approach the end of the calendar year, your management should address any excess leave taken in advance by deducting it from the leave earned at the close of the calendar year.
From India, Mumbai
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From India, Mumbai
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The treatment of Sunday in this scenario would depend on your company's leave policy and local labor laws. Different organizations may have different policies regarding how they handle weekends in conjunction with leave periods.
Here are two common scenarios:
Sunday as a Weekly Holiday: If your company considers Sunday as a weekly holiday and the employee has applied for leave from Monday to Saturday, Sunday may be considered as part of the weekly off. In this case, the employee might not be charged leave for Sunday.
Sunday as Leave Without Pay (LOP): Some companies treat Sunday separately from the weekly off, and if an employee takes leave from Monday to Saturday, Sunday might be treated as Leave Without Pay (LOP). This means the employee would be deducted an additional day from their leave balance for Sunday.
It's crucial to check your company's leave policy or consult with your HR department to get the accurate information regarding how leaves and weekly offs are calculated. Additionally, local labor laws may also have an impact on how leaves are treated, so it's essential to be compliant with those regulations.
From India, Kolkata
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Here are two common scenarios:
Sunday as a Weekly Holiday: If your company considers Sunday as a weekly holiday and the employee has applied for leave from Monday to Saturday, Sunday may be considered as part of the weekly off. In this case, the employee might not be charged leave for Sunday.
Sunday as Leave Without Pay (LOP): Some companies treat Sunday separately from the weekly off, and if an employee takes leave from Monday to Saturday, Sunday might be treated as Leave Without Pay (LOP). This means the employee would be deducted an additional day from their leave balance for Sunday.
It's crucial to check your company's leave policy or consult with your HR department to get the accurate information regarding how leaves and weekly offs are calculated. Additionally, local labor laws may also have an impact on how leaves are treated, so it's essential to be compliant with those regulations.
From India, Kolkata
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Leave and Holiday Policy.doc