Leave - Leave & Holidays [Thread 360589]

How to consider a leave taken by an employee on a tuesday when monday and wednesday were declared a holidays by the company. we work 5 days a week

Dear keshavcb
Are you working in/as an HR ??
What EXACTLY is the problem you are facing here ?
What is your Leave Policy ??
Fair employee practices would mean that if an employee has been granted leave for that period, in that case his leave balance should be reduced only to the extent of Leave taken.
Regards.

Dear keshavcb
Actually as said by Rajkumar it's simple logic.
that leave has granted as a PL if applicable or if balance.
Sushant

Dear Keshavcb
if it is a factory
an employee /workman proceeding on any kind of leave whether Leave with wages ie EL or PL/CL/SL any holiday either falling before the commencement of leave (called prefix)or in between leave period or after the leave period (called suffix) has to be exluded from the total days.
In the shops Act any holiday holiday before leave commences or at the end of leave perid are exluded , any holiday falling/occuring between the period of leave has to be counted as leave.
much depends upon the leave policy of the establishment.
hope it is clarified, any doubt please contact
RLDhingra , Advocate
Labour Law Consultant, Delhi
9818309937 e-mail: [Login to view]

Dear Keshavcb,
As per as my knowledge is concern i m giving one example to clarify you doubt,
As per your question 'Employee has taken leave on Tuesday when Monday and Wednesday were declared a holidays by the company'.
1. So if the employee has taken leave on Thursday after Wednesday or, Friday/ Saturday whichever is working day before Monday then only his/her leave should be counted as leave taken including those holiday.
2. But this particular employee has taken the leave very tactfully. So his/her leave would be counted as 1day PL/CL. whichever is applicable.

it will be considered as 1 day leave but if the employee would have taken leave on thursday also then wednesday holiday will be countd as leave but sat, sunday & monday will be remained same as holiday.

Dear Keshav,
You cannot treat any closed day as a part of leave if that happens to be before the commencement and after the end of a leave period. But any Sunday or holiday falling in between the period of leave applied would become a part of E/L or P/L, as the case may be.
However, in your case, since wednesday happens to be in between the leave period starting from tuesday, the day of Wednesday will be treated as a part of leave. In casual leave, however, any Sunday or holiday falling in between the C/L period will not count as a part of C/L in any case.

If Monday & Wednesday are declared holidays for your company, and if your employee avails Tuesday as a leave day, then ony 1 day leave need to be debited. As per labour law, if a national/festival holiday falls in between the leave period, it should not be treated as leave but as holiday.
Thanks. regards,
R K Nair

Hi All,
it is as simple as that any leave on a working day is a leave be it is before or after the holidays announced by the company.
So, only one leave should be deducted.
An employee is not applicable for any paid holiday announced in this case wherein he has been absent from the company from past two to three weeks or a month.

Dear Keshav,
It mainly based on the Leaves rules applicable to the organisation. The sandwich type of leave is a common act done by the employees when such close holidays were declared. It should be considered as one day CL (casual) leave only. If your leave rules specifically debarring these types of leaves then only you can consider the holidays as leaves.
Regards,
Dinesh Shitole, Pune