Festival Holiday If Clubbed , Would Considered As Leave ?

Dear Members,

Please clear my confusion. Holi is coming on 6th March '15. If I take leaves from 3rd Mar '15 to 7th Mar '15, does that also include my Festival Holiday "HOLI" into a leave? We don't have Saturdays off, kindly revert.

Dear Shaifali,

It depends on your company's leave policy. Some companies count leaves based on only leave taken on working days, while some companies follow the sandwich rule. According to this rule, if a person takes leaves on the days before and after a holiday, then the holiday is also considered as leave. However, if you take leave on either the day before or after the holiday, it doesn't count as leave.

If your company is following the sandwich rule, then 6th March shall be considered as leave.

Regards,
Pranali

Hi,

NF/NH cannot be treated as sandwich leave at all. According to the NF/NH Act, all leaves under this are to be given to present employees on the roll. The only possible valid reason to deduct the leave is long-term illness/absence without any specific reasons.

Thanks,
Manish Gupta

Dear Shaifali,

There is no separate section or rule for these leaves. I agree with Mr. Swasta Banerjee. It depends on the company's leave policy. The majority will follow that. You didn't mention the type of leave you want to avail. If it is CL, you can consider Holi as NF/NH, but that depends on your company's leave policy. How many CLs you can avail as a stretch including W/o & NH/NF, if it is EL/PL. If the NH/NF falls in between EL/PL, then automatically, NH/NF. Sunday also will be treated as EL/PL.

Hope I clarified your doubt. If you have any queries, please let me know.

Thanks & Regards,

T. Prathap
HR Executive
R L Jalappa Narayana Heart Centre
Tamaka, Kolar, Karnataka-563101
Mobile: 8884291530

The leave policy of the company can provide superior but not inferior benefits than those prescribed in enactments applicable to the establishment. For example, the (Name of the state) Shops and Commercial Establishments Act was enacted to govern the service conditions of employees working in establishments covered by the Act.

Leave policies providing equal or superior benefits, but not inferior ones, can be prepared as per negotiated settlements with employees' representatives/unions and standing orders.

Dear Shaifali,

It is once again brought to the notice that company policy is nothing and cannot supersede the prevailing law of the land. One should try to quote in these columns whatever the provisions of the relevant law are.

As far as NF/NH are concerned, one is eligible for a holiday falling in between their leaves if that holiday falls within a fortnight from either end, as per the directions of the State Labour & Employment Department of HP. You can also refer to the State rules for further clarification.

P. K. Sharma

Dear Shaifali,

I agree with my colleague Sh. T. Prathap that it all depends upon the type of leave you want to avail. If you want to avail Earned leave or Privilege leave from 3rd to 7th March 2015, then your holiday for 6th March on account of "Holi" will certainly be included. However, if you avail casual leave (provided your company allows such a long leave), then your holiday on account of Holi will not be included in your total leave.

Best regards,
BS Kalsi