I am an Asst Manager-HR in my Company. I need a clarification and solicit help from seniors. If an employee takes a leave on the previous day of a holiday and also takes a leave on the next day of a holiday, is it considered as 2 days leave or 3 days leave? Kindly clarify and help- Latha
From India , Bangalore
From India , Bangalore
Dear Latha,
It may not be out of context to highlight that a proper understanding of the concept of leave will facilitate a HR-Manager to discharge his role effectively as a recommending or leave sanctioning authority in an organisation.The term " leave" , in employment parlance means leave of absence from work on working day(s). It implies prior intimation and approval so that work of the establishment does not get affected by way of making alternative arrangement. In short, leave is a welfare measure to facilitate the employee to be away from his routine work to discharge his social and personal obligations or to get treated for small and unexpected physical ailments or to get refreshed from the monotony of continuous work and rejuvenated occasionally subject to the approval or prior sanction of the employer depending upon the type of leave asked. In actual practice, approval for combining of one kind of leave with other kinds or with holidays either intervening or prefixing/suffixing depends upon so many factors such as leave rules of the establishment, the length and purpose of the leave required, nature of the duties or responsibilites of the incumbent, the discretion of the employer in view of the exigencies of work and the like. Again the liberality or strigency in the matter of leave sanction varies from establishment to establishment depending upon its functions and work-culture as well.
Coming direct to your query, if the intervening holiday is a day of no work for the entire establishment, well, its combination with the preceding and succeeding days of actual leave can be permitted as two days of leave with permission for the holiday.In case, the holiday being a festival or national holiday, the employee has the option of working or availing of holiday and henceforth also it is to be treated as permission and not as leave. If it is a day of weekly-off, then also to be treated as permission for the reason that the days spent on authorised leave in the week have to be treated as duty.
From India, Salem
6018It may not be out of context to highlight that a proper understanding of the concept of leave will facilitate a HR-Manager to discharge his role effectively as a recommending or leave sanctioning authority in an organisation.The term " leave" , in employment parlance means leave of absence from work on working day(s). It implies prior intimation and approval so that work of the establishment does not get affected by way of making alternative arrangement. In short, leave is a welfare measure to facilitate the employee to be away from his routine work to discharge his social and personal obligations or to get treated for small and unexpected physical ailments or to get refreshed from the monotony of continuous work and rejuvenated occasionally subject to the approval or prior sanction of the employer depending upon the type of leave asked. In actual practice, approval for combining of one kind of leave with other kinds or with holidays either intervening or prefixing/suffixing depends upon so many factors such as leave rules of the establishment, the length and purpose of the leave required, nature of the duties or responsibilites of the incumbent, the discretion of the employer in view of the exigencies of work and the like. Again the liberality or strigency in the matter of leave sanction varies from establishment to establishment depending upon its functions and work-culture as well.
Coming direct to your query, if the intervening holiday is a day of no work for the entire establishment, well, its combination with the preceding and succeeding days of actual leave can be permitted as two days of leave with permission for the holiday.In case, the holiday being a festival or national holiday, the employee has the option of working or availing of holiday and henceforth also it is to be treated as permission and not as leave. If it is a day of weekly-off, then also to be treated as permission for the reason that the days spent on authorised leave in the week have to be treated as duty.
From India, Salem
Dear Mr. Umakanth,
The point suggested by you seems very logical and also labour welfare related. I do admire your suggestions.
Being Retd. ALC, you have vast experience on issuues related to Labour Disputes.
Pls also clarify, if there is any defined Leave Policy by the establishment (under Factrory Act, Shops & Est. Act) having Labour Licence for the contract.
Still we need to allow the W/off-Holiday/s (National-Festival) that are falling between the Leaves.
Is there any defined leave rule under for the workers (published by any regulating govt. office thru any notification)?
As per my opinion only PL (paid leave) and National Holidays are mandatory. Allowing SL and CL is an optional decision by the management.
If the worker has availed sufficient PL and any Holiday-W/off is appeared in between two or more PL, in that case the management must allow the same.
If the worker has no PL balance, the decision can be taken as per defined leave policy.
Generally all days considered as Leave/Absent (if no leave (CL-SL-PL) balance).
We are following the same under CLA, but if any worker goes on CL-SL the Holiday also treated as Leave.
Hope fellow members agree with me, pls correct me if any change/s required.
From India, Delhi
The point suggested by you seems very logical and also labour welfare related. I do admire your suggestions.
Being Retd. ALC, you have vast experience on issuues related to Labour Disputes.
Pls also clarify, if there is any defined Leave Policy by the establishment (under Factrory Act, Shops & Est. Act) having Labour Licence for the contract.
Still we need to allow the W/off-Holiday/s (National-Festival) that are falling between the Leaves.
Is there any defined leave rule under for the workers (published by any regulating govt. office thru any notification)?
As per my opinion only PL (paid leave) and National Holidays are mandatory. Allowing SL and CL is an optional decision by the management.
If the worker has availed sufficient PL and any Holiday-W/off is appeared in between two or more PL, in that case the management must allow the same.
If the worker has no PL balance, the decision can be taken as per defined leave policy.
Generally all days considered as Leave/Absent (if no leave (CL-SL-PL) balance).
We are following the same under CLA, but if any worker goes on CL-SL the Holiday also treated as Leave.
Hope fellow members agree with me, pls correct me if any change/s required.
From India, Delhi
Dear Pan Singh,
Thank you very much for your compliments and further queries which really have induced me to delve deep into the subject of leave and holidays in the realm of industrial employment and to offer my views to the extent of my knowledge and understanding.
Generally, Leave Policy of an Industrial Undertaking is formulated by several determinants such as Employment Laws applicable, nature of activities in which people are engaged, socio-religious customs and age-old cultural practices, bargaining power of Trade Unions, magnitude of the Management's people-orientation and the like. The Leave Policy , apart from deciding the nature and the number of leaves and holidays allowed in a year as per the existing legal standards or in excess, also lays down the permissible norms of enjoyment such as prior-intimation or formal application, approval or prior-sanction, combination of leaves and holidays, leave encashment etc.,
Eventhough the terms " leave" and " holiday" are used interchangeably, actually there is subtle difference in their meanings. The word "holiday" owes its origin to the religious term " holyday" signifying the day of complete rest sans any work. The only holy thing about it in the domain of employment is that the employee need not make any application to the employer for availing a holiday which stands already declared. On the contrary, " leave" denotes prior-permission or leave of absence from work when the necessity arises. In short, holiday indicates the general permission to be away from work on specified occasions and leave implies the specific permission to be away from work necessitated by personal reasons of the individual employee. Its sanction is subject to the discretion of the employer depending upon exegencies of work and therefore normally leave can not be claimed as a matter of right.Thus holidays and leave form parts of the several negotiable conditions of employment.
The entire Labour Legislations obtaining in our country can be classified into major categories viz.,(1) Establishment-oriented Labour Laws such as the Factories Act,1948, the Mines Act,1952, Shops and Establishments Acts etc(2) Monetary or Wage-related Labour Laws such as the Payment of Wages Act,1936, the Minimum Wages Act, 1948, the Payment of Bonus Act,1965 etc(3) Service-conditions related Laws such as the Industrial Employment Standing Orders Act, National and Festival Holidays Acts, Payment of subsustence Allowance Acts etc(4) Industrial Relations Laws such as the Industrial Disputes Act,1947, the Trade Unions Act,1926 etc and (5) Social security Legislations such as the Employees Compensation Act,1923, the ESI Act,1948, the EPF Act,1952, the Payment of Gratuity Act,1972 etc. Of these, every establishment would fall certainly into any one of the first category i.e Establishment-oriented Legislation. Even among them, the leave provisions are different mainly because of the nature of their activities. While Casual Leave is available in the Shops Acts, no CL in the Factories Act. So, the leave policy of the establishment should be in tune with the minimum scales of leave prescibed in the Law applicable to it. As far as I know, no norms prescribed in any such LAW as to the permissible combination of various leaves and/or holidays in a single spell. Similarly, it is the option of the employee to avail a particular type of leave in his credit. Of course when there is no such leave in his credit, it is the discretion of the employer to sanction whatever kind of leave in his credit and in case of no leave at all, he can sanction leave on loss of pay or wages. But, I don't think it proper to deny a holiday simply treating as other kind of leave just because it falls in between. Seniors may throw more light on this aspect.
From India, Salem
Thank you very much for your compliments and further queries which really have induced me to delve deep into the subject of leave and holidays in the realm of industrial employment and to offer my views to the extent of my knowledge and understanding.
Generally, Leave Policy of an Industrial Undertaking is formulated by several determinants such as Employment Laws applicable, nature of activities in which people are engaged, socio-religious customs and age-old cultural practices, bargaining power of Trade Unions, magnitude of the Management's people-orientation and the like. The Leave Policy , apart from deciding the nature and the number of leaves and holidays allowed in a year as per the existing legal standards or in excess, also lays down the permissible norms of enjoyment such as prior-intimation or formal application, approval or prior-sanction, combination of leaves and holidays, leave encashment etc.,
Eventhough the terms " leave" and " holiday" are used interchangeably, actually there is subtle difference in their meanings. The word "holiday" owes its origin to the religious term " holyday" signifying the day of complete rest sans any work. The only holy thing about it in the domain of employment is that the employee need not make any application to the employer for availing a holiday which stands already declared. On the contrary, " leave" denotes prior-permission or leave of absence from work when the necessity arises. In short, holiday indicates the general permission to be away from work on specified occasions and leave implies the specific permission to be away from work necessitated by personal reasons of the individual employee. Its sanction is subject to the discretion of the employer depending upon exegencies of work and therefore normally leave can not be claimed as a matter of right.Thus holidays and leave form parts of the several negotiable conditions of employment.
The entire Labour Legislations obtaining in our country can be classified into major categories viz.,(1) Establishment-oriented Labour Laws such as the Factories Act,1948, the Mines Act,1952, Shops and Establishments Acts etc(2) Monetary or Wage-related Labour Laws such as the Payment of Wages Act,1936, the Minimum Wages Act, 1948, the Payment of Bonus Act,1965 etc(3) Service-conditions related Laws such as the Industrial Employment Standing Orders Act, National and Festival Holidays Acts, Payment of subsustence Allowance Acts etc(4) Industrial Relations Laws such as the Industrial Disputes Act,1947, the Trade Unions Act,1926 etc and (5) Social security Legislations such as the Employees Compensation Act,1923, the ESI Act,1948, the EPF Act,1952, the Payment of Gratuity Act,1972 etc. Of these, every establishment would fall certainly into any one of the first category i.e Establishment-oriented Legislation. Even among them, the leave provisions are different mainly because of the nature of their activities. While Casual Leave is available in the Shops Acts, no CL in the Factories Act. So, the leave policy of the establishment should be in tune with the minimum scales of leave prescibed in the Law applicable to it. As far as I know, no norms prescribed in any such LAW as to the permissible combination of various leaves and/or holidays in a single spell. Similarly, it is the option of the employee to avail a particular type of leave in his credit. Of course when there is no such leave in his credit, it is the discretion of the employer to sanction whatever kind of leave in his credit and in case of no leave at all, he can sanction leave on loss of pay or wages. But, I don't think it proper to deny a holiday simply treating as other kind of leave just because it falls in between. Seniors may throw more light on this aspect.
From India, Salem
Hi Vadirajkatti,
Sub: LEAVE ADMIN. / MANAGEMENT-Rules ----- 18.9.15
---------------------------------------------------------------------
This has ref. to your query in CiteHR reg. Prefixing & suffixing of Leave and thank you for the same.
HR has to frame the Leave Rules keeping the interest of the Co. as also its employees.
I have framed the COMBINED Rules governing
all types of LEAVES,
Rules for Earning W/O,
SHORT & LONG LEAVE RULES,
Extra Work - Co-Off Rules, Co-Off Application & Register
Reduction of Leave due to Absenteeism,
L.W.O.P.,
M.B. Rules,
P.L. Encashment + Appn.for Encashment-Forms+ Registers.
Leave Administration/ Management is an important HR function and a ticklish job not only for those who frame the Leave Rules but also for the HR Staff who have to administer them in their day to day works as they come into conflict with the employees when Leave Rule is not clearly spelt out. Each Co. Management frame the Rules to suite its Business needs & it varies from Co. to Co.,
However, it has to be Drafted/Framed within the scope of Rules framed under Factories / S&CE Acts.
Most employees try to save Leave (& they must save since that is what they’ll get - un-availed Leave as Encashment when they leave the Services). Same way; Company also want employee to exhaust the Leave to reduce Company’s burden/liability for Encashment when employee leaves the Service.
As the Urgency to take leave cannot be predicted, some employees will go in the middle of the week (say from Friday & return on Wednesday) as against a Planned Leave ( from Monday to Saturday) to save pre-fixing & suffixing Sunday/Holiday/Weekly Off. When the employee suddenly go due to urgency (in the middle of the week) & returns after 4-5 days, How to adjust the Intervening W/O. to save his W/O ?
SHORT LEAVE & LONG LEAVE Policy
HR can frame SHORT LEAVE & LONG LEAVE Policy so that needy employees will not lose his W/O in such critical time.
Only when LONG LEAVE is taken (Planned Leave), Intervening W/O will count.
Similarly, providing 2 Optional Holidays in the Holiday List for 2015 will help both Co. & its employees.
We have already Filed/Declared Holiday List with Factory Inspector, L.C., & Notice Board and we also have Rules to give W/Off as per Factories /Shops&Estt. Act. We also have Rules of Minimum days to work/(apply Leave With Pay) in a week to entitle an employee for W/Off. We should have SHORT & LONG Leave Rules Policies so that the employee’s grievance of losing W/O due to taking Short leave in the middle of the week will not happen and HR will not be blamed for not framing proper Leave Rules.
Today, HR Dept. is becoming a target for Not framing / not implementing Progressive Leave Rules; although Leave Rules are available to take care of both Employee’s interest as also that of the Company.
I can assist in framing of all the Rules & Policies. I have served over 30 yrs in HR,IR,LEGAL&Admn. Works of 6 Mfg.Cos. and dealt with all situations, ISO Certifications, Consultants Works etc.,
Please provide me some details of the Company like Co’s. Name, Location, Your Mob.No., Email ID, HR Dept.,staff, total employees strength, Products Mfd., etc., so that I can offer HR Consultancy.
Please provide your Email ID to send Consultancy proposal with all Policies to set up HR Dept., Frame SO, Leave Rules etc.,
Thanks.
HR Consultant & Advocate, Ex- AGM (HR&A),
# Rahaman Bldg., Chikkamaranahalli, Devasandra, BANGALURU, Karnataka, S.India. /
#.FS 478, Dr.Ambedkar High School, CM Lay Out , HIRIYUR
Mobile No. 9535470460 Email:
Email:
, Qualification: BA,LLB, PGDPM, (MBA-HR),
Ex-Member, NIPM, Calcutta, Ex- Trainee-Member, Indian Institute of Management, B;lore.
Languages Known: All South Indian Languages + English & Hindi
From India, Bangalore
Sub: LEAVE ADMIN. / MANAGEMENT-Rules ----- 18.9.15
---------------------------------------------------------------------
This has ref. to your query in CiteHR reg. Prefixing & suffixing of Leave and thank you for the same.
HR has to frame the Leave Rules keeping the interest of the Co. as also its employees.
I have framed the COMBINED Rules governing
all types of LEAVES,
Rules for Earning W/O,
SHORT & LONG LEAVE RULES,
Extra Work - Co-Off Rules, Co-Off Application & Register
Reduction of Leave due to Absenteeism,
L.W.O.P.,
M.B. Rules,
P.L. Encashment + Appn.for Encashment-Forms+ Registers.
Leave Administration/ Management is an important HR function and a ticklish job not only for those who frame the Leave Rules but also for the HR Staff who have to administer them in their day to day works as they come into conflict with the employees when Leave Rule is not clearly spelt out. Each Co. Management frame the Rules to suite its Business needs & it varies from Co. to Co.,
However, it has to be Drafted/Framed within the scope of Rules framed under Factories / S&CE Acts.
Most employees try to save Leave (& they must save since that is what they’ll get - un-availed Leave as Encashment when they leave the Services). Same way; Company also want employee to exhaust the Leave to reduce Company’s burden/liability for Encashment when employee leaves the Service.
As the Urgency to take leave cannot be predicted, some employees will go in the middle of the week (say from Friday & return on Wednesday) as against a Planned Leave ( from Monday to Saturday) to save pre-fixing & suffixing Sunday/Holiday/Weekly Off. When the employee suddenly go due to urgency (in the middle of the week) & returns after 4-5 days, How to adjust the Intervening W/O. to save his W/O ?
SHORT LEAVE & LONG LEAVE Policy
HR can frame SHORT LEAVE & LONG LEAVE Policy so that needy employees will not lose his W/O in such critical time.
Only when LONG LEAVE is taken (Planned Leave), Intervening W/O will count.
Similarly, providing 2 Optional Holidays in the Holiday List for 2015 will help both Co. & its employees.
We have already Filed/Declared Holiday List with Factory Inspector, L.C., & Notice Board and we also have Rules to give W/Off as per Factories /Shops&Estt. Act. We also have Rules of Minimum days to work/(apply Leave With Pay) in a week to entitle an employee for W/Off. We should have SHORT & LONG Leave Rules Policies so that the employee’s grievance of losing W/O due to taking Short leave in the middle of the week will not happen and HR will not be blamed for not framing proper Leave Rules.
Today, HR Dept. is becoming a target for Not framing / not implementing Progressive Leave Rules; although Leave Rules are available to take care of both Employee’s interest as also that of the Company.
I can assist in framing of all the Rules & Policies. I have served over 30 yrs in HR,IR,LEGAL&Admn. Works of 6 Mfg.Cos. and dealt with all situations, ISO Certifications, Consultants Works etc.,
Please provide me some details of the Company like Co’s. Name, Location, Your Mob.No., Email ID, HR Dept.,staff, total employees strength, Products Mfd., etc., so that I can offer HR Consultancy.
Please provide your Email ID to send Consultancy proposal with all Policies to set up HR Dept., Frame SO, Leave Rules etc.,
Thanks.
HR Consultant & Advocate, Ex- AGM (HR&A),
# Rahaman Bldg., Chikkamaranahalli, Devasandra, BANGALURU, Karnataka, S.India. /
#.FS 478, Dr.Ambedkar High School, CM Lay Out , HIRIYUR
Mobile No. 9535470460 Email:
Email:
Ex-Member, NIPM, Calcutta, Ex- Trainee-Member, Indian Institute of Management, B;lore.
Languages Known: All South Indian Languages + English & Hindi
From India, Bangalore
I am extremely thankful to Mr Umakanthan Sir for his valuable suggestions and also to Mr Pan Singh for his comments and suggestions. My sincere thanks to Mr Neyim Khan and Sir, I will get back to you on your proposla after discussing internally in my Company.
Thanks and Regards,
Latha
From India , Bangalore
Thanks and Regards,
Latha
From India , Bangalore
To my knowledge prefixing and suffixing declared holidays (declared as per leave rules of the employer) generally permissible in almost all the establishments, be it govt. or quasi-govt. or pvt. sectors. However intervening holidays or weekly holiday(s) has to be accounted as leave, inescapable. I have not come across any estt. not following this stipulation. However for operational compulsions it's expedient to obtain necessary permission for the whole period for which the leave of absence is required including for prefixing & suffixing. And intervening holidays/weekly off, which in any case will be treated as on leave debiting to the a/c of relevant type of leave.
From India, Bangalore
From India, Bangalore
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