Leaves - If office is attended in second half on Nov 2 21 followed by gazette leaves from 3 to 7 Nov 21?

If the office is attended in the second half on Nov 2, 2021, followed by gazette leaves from Nov 3 to Nov 7, 2021, and if not reported to work on Nov 8, will the days from Nov 3 to Nov 7 be counted for salary?

There has to be a uniform rule which is to be applied in all such cases. Before framing the rule, are you covered under the Industrial Employment Standing Orders Act or the Shops & Establishment Act or the Factories Act 1948? Examine the applicable rules provided in them and evolve the policy guidelines to be applied.

The holidays will be counted as absent/leave days only if the employee is absent both before and after the holidays.

Since he has worked on the day prior to the holiday, then he is eligible for the paid holiday.

Dear Vinig,

In the instant situation, two to three scenarios are emerging:

(i) If the attendance for 2nd Nov is not considered as attending the office in the second half, then leave or absence from 2nd Nov to 8th Nov.

(ii) If the attendance is considered for 2nd Nov '21, then being absent on the 8th is to be considered as leave/LOP for that day, leaving the notified holidays.

(iii) As per the rule, the employee is allowed for gazette holidays from 3 to 7 Nov '21. Attendance for 2nd Nov can be allowed or disallowed, which is a matter of policy, but the 8th Nov is to be considered as LOP if not reported for work.

Now, you can decide how to proceed. This situation often arises where the leave policy is not established.