Dear All,

I hope all of you are safe and working from home.

1. I have a question: if an employee has not worked before or after a paid holiday (but is present on other days), are they still eligible for that paid holiday?

2. If an employee has not been working since April 12 but a paid holiday is scheduled for April 19, are they eligible?

Kindly suggest.

From India, Pune
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KK!HR
1656

He has not worked from 12th April, and 19th April is a paid holiday (weekly off?). Did he resume work on 20th April? The Factories Act provides for a weekly off on the first day of the week and is payable if the employee has worked on the remaining days of the week. You can follow that analogy.
From India, Mumbai
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There are two categories of paid holidays, i.e., National Holidays and Festival Holidays, besides the weekly off day. The employee is eligible to get paid for the day declared under NH & FH. The employee who has not worked before and after a paid holiday, perhaps due to taking leave, may be considered for payment, except for those who are absent without leave. It is advisable to follow the NH & FH rules of your state in the absence of your policy or any manual.
From India, Mumbai
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Hello Tanaji,

Applicability of paid holidays depends upon the leave policy rules of your company, as defined in that policy.

Normally, companies implement a "sandwich rule" in such situations. This rule states that if you are on leave both before and after a holiday, then the holiday will also be considered as part of your leave.

If your company's leave policy does not include this sandwich rule, then you may be required to pay for that holiday on 19th April.

Another important point to consider is the date of return from leaves. If the person resumes services on 20th April, the leaves will be considered from 12th to 16th (with 17th, 18th, and 19th being paid holidays).

If the person returns on any date after 20th April, it is advisable to review your leave policy and make necessary changes based on the points mentioned above.

From India, Noida
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You should always provide as much clear information as possible.

I am assuming the employee left the organization effective April 12th. In this scenario, you do not have to pay for the holiday on April 19th.

From India, Mumbai
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