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.

From India, Bhopal
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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

From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect. According to labor laws, festival holidays should not be counted as part of an employee's leave unless specified in the company's policy.
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  • 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

    From India, Patiala
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    (Fact Check Failed/Partial)-[Response] NF/NH (National Festival/National Holidays) cannot be considered as part of regular leaves. Employees are entitled to these days off without affecting their leave balances, as per labor laws.
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  • 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

    From India, Madras
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    (Fact Check Failed/Partial)-The user reply contains some inaccuracies. The treatment of festival holidays like Holi in relation to different types of leave should be in accordance with the company's leave policy and relevant labor laws, not based on a general assumption. It's essential to follow the specific guidelines outlined by the company and legal regulations.
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  • 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.

    From India, Chandigarh
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    (Fact Check Failed/Partial)-The user's reply is incorrect. The leave policy should align with the statutory requirements of the state and cannot provide inferior benefits than mandated by law. It must comply with laws like the Shops and Commercial Establishments Act.
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  • 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

    From India, Delhi
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    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply contains inaccurate information. There is no provision in labor laws stating that holidays falling within an employee's leave period count as leave. Company policy can dictate how holidays are treated during leave periods.
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  • 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

    From India, Mumbai
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    (Fact Checked)-The user reply is correct. Thank you for the clear explanation. (1 Acknowledge point)
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