Dear Malik,
I agree with your version when it is EL (intervening holidays/weekends off are not to be part of leave). Normally, in most organizations, a minimum of FOUR EL/PL and a maximum of 3 times in a calendar year is the rule, as at any given time, an employee can avail a maximum of 3 CLs. In those circumstances, taking EL for two days is not possible. Additionally, any application for EL needs to be submitted well in advance. If it concerns intervening holidays and weekends off as part of leave, nobody is allowed to avail CL for more than 3 days. In such cases, the employee has to apply for one day's leave on Friday, and Monday will be without pay.
In some organizations, there may not be any CL/SL/EL, and instead, a consolidated 30 leaves per annum are provided. In these circumstances, intervening holidays/weekends off are not considered part of the leave.
Regarding leave without pay, if both the prefix and suffix are without pay, then intervening holidays and weekends off will also be without pay. Leave is a sensitive issue; therefore, advance intimation, sanctioning, rejection, with or without pay, all need to be handled with respect to the type of leave, the circumstances, and the reasons involved.
Thanks and regards,
Kameswarao
From India, Hyderabad
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32I agree with your version when it is EL (intervening holidays/weekends off are not to be part of leave). Normally, in most organizations, a minimum of FOUR EL/PL and a maximum of 3 times in a calendar year is the rule, as at any given time, an employee can avail a maximum of 3 CLs. In those circumstances, taking EL for two days is not possible. Additionally, any application for EL needs to be submitted well in advance. If it concerns intervening holidays and weekends off as part of leave, nobody is allowed to avail CL for more than 3 days. In such cases, the employee has to apply for one day's leave on Friday, and Monday will be without pay.
In some organizations, there may not be any CL/SL/EL, and instead, a consolidated 30 leaves per annum are provided. In these circumstances, intervening holidays/weekends off are not considered part of the leave.
Regarding leave without pay, if both the prefix and suffix are without pay, then intervening holidays and weekends off will also be without pay. Leave is a sensitive issue; therefore, advance intimation, sanctioning, rejection, with or without pay, all need to be handled with respect to the type of leave, the circumstances, and the reasons involved.
Thanks and regards,
Kameswarao
From India, Hyderabad
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1. Company Policy Must Spell Out Its Policy On The Matter Of Leave Including Prefix - Suffix.
2. Any leave (other than sick leave - produce a medical certificate) taken without prior authorization is unauthorized leave, and the company holds the right to dispose of the matter as it sees fit, including leave without pay. Even casual leave needs to be authorized. To take care of emergency matters, the employee must inform the office by telephone and receive verbal approval.
3. If the leave has been sanctioned, it is always paid leave (subject to the balance of leave available in the employee's leave account) but will be accounted for under casual or privilege leave, as applicable.
4. If there is no leave balance in the employee's account, it will be authorized as 'LWP.' Even LWP needs to be authorized. Unauthorized leave can attract actions under "indiscipline."
In any case, the company must have established its policy and made it known to the employees. The HR department is responsible for implementing the established rules.
No department can stand in judgment after the event has occurred without having established rules. In such a case, the matter should be taken up with the body responsible for establishing/approving such rules, i.e., the Board.
From India, Pune
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2. Any leave (other than sick leave - produce a medical certificate) taken without prior authorization is unauthorized leave, and the company holds the right to dispose of the matter as it sees fit, including leave without pay. Even casual leave needs to be authorized. To take care of emergency matters, the employee must inform the office by telephone and receive verbal approval.
3. If the leave has been sanctioned, it is always paid leave (subject to the balance of leave available in the employee's leave account) but will be accounted for under casual or privilege leave, as applicable.
4. If there is no leave balance in the employee's account, it will be authorized as 'LWP.' Even LWP needs to be authorized. Unauthorized leave can attract actions under "indiscipline."
In any case, the company must have established its policy and made it known to the employees. The HR department is responsible for implementing the established rules.
No department can stand in judgment after the event has occurred without having established rules. In such a case, the matter should be taken up with the body responsible for establishing/approving such rules, i.e., the Board.
From India, Pune
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Section 79, subsection 1, explanation 2 of the Factories Act is applicable to daily wage workers and not to staff who are paid a monthly salary. Hence, he or she will be marked as having taken 4 days of leave, inclusive of Saturday and Sunday. If only 2 days of leave are marked, this will encourage most staff to take leave on Friday and Monday, allowing them to enjoy a long weekend.
From India, Mumbai
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From India, Mumbai
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Dear Prasad,
Please update your knowledge about the Factory Act. It is applicable to all employees of the organization, including directors. Please check the applicability clause given in the act. You are absolutely wrong to say that the Factories Act is applicable to daily wage workers only.
Dear, who has made this term "staff"? We only created this term; nowhere is it written, and I have never read this word in any act. For other acts like the Industrial Disputes Act, we can determine whether they apply to workmen or not. There is also no mention of "staff."
What problem will you face if someone takes their leave and enjoys weekends? If the departmental head sanctions leave, then it is okay.
J. S. Malik
From India, Delhi
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Please update your knowledge about the Factory Act. It is applicable to all employees of the organization, including directors. Please check the applicability clause given in the act. You are absolutely wrong to say that the Factories Act is applicable to daily wage workers only.
Dear, who has made this term "staff"? We only created this term; nowhere is it written, and I have never read this word in any act. For other acts like the Industrial Disputes Act, we can determine whether they apply to workmen or not. There is also no mention of "staff."
What problem will you face if someone takes their leave and enjoys weekends? If the departmental head sanctions leave, then it is okay.
J. S. Malik
From India, Delhi
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I am agree with malikjs. if employee take leave before end of the week then weekly off should not consider because week off is compulsory.
From India, Jaipur
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From India, Jaipur
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Hi MehulV,
Mr. Malik is right. It depends on the leave taken. If he/she took leave for 2 days just before the weekend, only two leaves will be considered. If one leave is taken before the weekend and the other is in continuation with the weekend, then 4 leaves will be considered.
Regards,
Tarun V
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Mr. Malik is right. It depends on the leave taken. If he/she took leave for 2 days just before the weekend, only two leaves will be considered. If one leave is taken before the weekend and the other is in continuation with the weekend, then 4 leaves will be considered.
Regards,
Tarun V
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Hi, It is depend on Leave policy of the company. In generaral if it is sick days (friday and Monday)-in between sickdays considered as leave only.
From India, Bangalore
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From India, Bangalore
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Hi Mehul,
I agree with our members' suggestions. The leave policy depends on the organization. Coming to your question, if a person is taking leave on Friday and Monday, and Saturday and Sunday are also days off, the leave should be considered for 4 days.
Other leave rules as per my company's policy are as follows:
1. Employees can avail of SL with CL.
2. CL cannot be taken for more than 3 days in a month.
3. PL and SL can be taken together.
4. Sick leave for more than three days should require a medical certificate.
These are some of the leave rules for your information.
Regards,
Manoj
From India, Mumbai
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I agree with our members' suggestions. The leave policy depends on the organization. Coming to your question, if a person is taking leave on Friday and Monday, and Saturday and Sunday are also days off, the leave should be considered for 4 days.
Other leave rules as per my company's policy are as follows:
1. Employees can avail of SL with CL.
2. CL cannot be taken for more than 3 days in a month.
3. PL and SL can be taken together.
4. Sick leave for more than three days should require a medical certificate.
These are some of the leave rules for your information.
Regards,
Manoj
From India, Mumbai
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In reference to the Factories Act Sec. 79A, if the employee is on Earned Leave, i.e., Privilege Leave, then only 2 days, i.e., Friday & Monday (in this case), will be credited from the Employee's Leave Account (Saturday & Sunday being considered as off-days). The employee will be entitled to get pay for the entire 4-day period "provided that it is a sanctioned leave." Unsanctioned leave or leave without information is treated as absence from duty, and therefore pay can be deducted for all 4 days.
In this case (to my knowledge), C.L. is non-applicable. The Company's Leave Policy has to be referred to.
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In this case (to my knowledge), C.L. is non-applicable. The Company's Leave Policy has to be referred to.
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Dear Mehul,
While availing PL/EL, holidays and weekly offs falling during the leave period will not be counted. For example, if "A" has taken a 10-day leave and two weekly offs fall in between, "A" can enjoy 12 days off, but only 10 PLs will be deducted.
Regarding CL and SL, it depends on the company policy whether to count weekly offs in the leave period. Our company does not count weekly offs or holidays in the CL and SL period.
Suresh
From India, Pune
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While availing PL/EL, holidays and weekly offs falling during the leave period will not be counted. For example, if "A" has taken a 10-day leave and two weekly offs fall in between, "A" can enjoy 12 days off, but only 10 PLs will be deducted.
Regarding CL and SL, it depends on the company policy whether to count weekly offs in the leave period. Our company does not count weekly offs or holidays in the CL and SL period.
Suresh
From India, Pune
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Leave Policy.doc