i just want to confirm i took a leave because i had some rare Infectious diseases and my doctor and hr both suggested me to take leave in that case i have provide all medical document and medical.
does in this case also sandwich will be applicable because my leave was not intentionally taken?now that hr told me sandwich will be applicable.
From India, New Delhi
does in this case also sandwich will be applicable because my leave was not intentionally taken?now that hr told me sandwich will be applicable.
From India, New Delhi
Sandwiching is applicable for medical leave. If you are sick on Saturday and Monday, you are deemed to be sick on Sunday also. How can you argue that on Sunday you were fit to work. Actually, sandwiching is applicable to long leaves and medical leaves. Your HR is right.
From India, Kannur
4238From India, Kannur
i was on leave from Thursday to Friday but i got sick on Sunday and i inform to my hr and i send proscription, its took one week to recover i was not able to join that week, i joined next week and my HR told me your leave will be consider as sandwich.i had chickenpox and this thing is known no one can join office within a week and when i provide all medical proof that i was sick how can any one can consider this is as sandwich.
sandwich is use to stop those who misuse their long weekend but in my case this was clear that i didn't take that leave intentionally.
From India, New Delhi
sandwich is use to stop those who misuse their long weekend but in my case this was clear that i didn't take that leave intentionally.
From India, New Delhi
And i was thinking suppose someone met an accident on Wednesday and all office team member know this thing and they go to meet that employee, in this case that employee will not be able to join the office on next Monday then also sandwich will be applicable?because all knows this thing, that employee is not able to come
From India, New Delhi
From India, New Delhi
All these are just defenses. You can produce any number of medical prescription saying that from Monday morning only you got sick and therefore you were fit on Saturday and Sunday, ie, the weekly off days. But if that is allowed nobody will fall sick on Saturdays and Sundays. Best thing is to obey what the company policy says and if you are not comfortable with that leave the company and find some other company because these are not supported by law. When the labour law is meant for workers. If you follow Factories Act, there is only one kind of leave and that is earned leave. Since EL is calculated based on your physical attendance in the preceding calendar year, the holidays intervening two ELs will NOT be counted as EL, means there is no sandwiching. But when it comes to sick leave which is not a right of an employee under Factories Act, the company can make its own rules and that may include sandwiching rule. If yours is an establishment under Shops and Commercial Establishments Act, then the SL is a lumpsum figure and it is not based on any attendance but it shall be 12 days a year or 15 days a year. If so, sandwiching can be made applicable unless otherwise provided in the Act.
Just remember that when you are unemployed, you are okay with any stupid rule of the company, when you are a probationer, you are almost okay with the HR and the company but when you are a confirmed employee, you are against the HR. Think that defending is good but it should be for genuine reasons. If the HR is to relax the rules for one person for genuine reason, it will be misused by another person. I am sure that if your HR permits you to avail weekly holiday as it is, nobody will come on Monday and everyone will be sick!!
From India, Kannur
Just remember that when you are unemployed, you are okay with any stupid rule of the company, when you are a probationer, you are almost okay with the HR and the company but when you are a confirmed employee, you are against the HR. Think that defending is good but it should be for genuine reasons. If the HR is to relax the rules for one person for genuine reason, it will be misused by another person. I am sure that if your HR permits you to avail weekly holiday as it is, nobody will come on Monday and everyone will be sick!!
From India, Kannur
Sandwiching has been a highly debatable topic in the HR world. It is very simple and straight. If any weekly off/ declared holiday is both prefixed and suffixed by leave (CL or SL) it is sandwiching. Cases such as chicken pox, accident etc., will naturally come under this category.
From India, Chennai
From India, Chennai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
No issue cap for Maternity Leave-Madras High Court.pdf
Sandwich leave.docx
Karnataka Leave.xlsx