Dear All, I have a query. Can you please help me here?
If an employee takes leave continuously for 20 days. Is weekends also needed to count as leaves?
Example: from 6th Nov to 23rd Nov takes as leave(total 17 days) in this 4 days are weekends. And he has 7 leave balance.
Please help me how to calculate LOPs.
Thanks in advance
Vasavi
From India, Bangalore
1If an employee takes leave continuously for 20 days. Is weekends also needed to count as leaves?
Example: from 6th Nov to 23rd Nov takes as leave(total 17 days) in this 4 days are weekends. And he has 7 leave balance.
Please help me how to calculate LOPs.
Thanks in advance
Vasavi
From India, Bangalore
The Factories Act, (applicable to factories only) has specifically mentioned that any weekly off, holidays intervening two 'annual leave with wages' or simply earned leave, shall not be counted as leave but should be allowed as holiday or weekly off day, as the case may be. This is because an employee 'earns' earned leave based on the days he was physically present in the factory and he will not earn leave for the weekly off days, holidays or days he was on leave. As such, if you have grated continuous 20 days leave, then any weekly off or holiday should not be counted as leave but only as off/ holiday.
If you extend the same principle to other establishments, any leave the accrual of which is on the basis of number of days worked in the previous year, it should be without any weekly off or holidays intervening. Leaves like Casual leave or sick leave which is always a whole number fixed for the year, can be made continuous. An employee falling sick on Saturday is presumed to be sick on Sunday also if he is sick on Monday also. He cannot say that I was alright on Sunday. Maternity leave is a wholesome fixed and is continuous for 26 weeks and the same should include all weekly off and holidays and she cannot demand holidays and weekly off days separately.
From India, Kannur
If you extend the same principle to other establishments, any leave the accrual of which is on the basis of number of days worked in the previous year, it should be without any weekly off or holidays intervening. Leaves like Casual leave or sick leave which is always a whole number fixed for the year, can be made continuous. An employee falling sick on Saturday is presumed to be sick on Sunday also if he is sick on Monday also. He cannot say that I was alright on Sunday. Maternity leave is a wholesome fixed and is continuous for 26 weeks and the same should include all weekly off and holidays and she cannot demand holidays and weekly off days separately.
From India, Kannur
Dear Vasavi,
It depends upon the leave policy of the ORGANISATION. If you have sandwich leave policy then holiday and week offs falling in between the leaves will be counted as leave day. If you are not having sandwich leave policy in that case holidays and week offs falling in between leaves will not be counted as leave day. Any employer is free to adopt a sandwich leave policy.
From India, Delhi
It depends upon the leave policy of the ORGANISATION. If you have sandwich leave policy then holiday and week offs falling in between the leaves will be counted as leave day. If you are not having sandwich leave policy in that case holidays and week offs falling in between leaves will not be counted as leave day. Any employer is free to adopt a sandwich leave policy.
From India, Delhi
@VIshwas, no employer has the right to adopt sandwich policy by himself because leaves are regulated by certain laws. The leaves granted over and above what is there under the Act, can be depended on the "leave policy of the ORGANISATION".
From India, Kannur
From India, Kannur
@Madhu T K, With due respect there is no legal restriction on sandwich leave in India and it doesn’t violate any of the factory laws therefore it can be adopted by any of the employers.
From India, Delhi
From India, Delhi
@Ms. Vishawas, Can you show me the section/ provision under the Factories Act, Plantation Labour Act, Mines Act or any of the State Shops and Commercial Establishments Act which defines 'sandwich' leave and allows an employer to sandwich a holiday by leave?
From India, Kannur
From India, Kannur
@Madhu T K,
I have been following your posts since I joined CiteHR. I am confident about the statement I gave above. I can show you your own comments in favor of sandwich leave from the year 2018. I will rest my case as your junior if you show me a single verdict from any of the courts in India against sandwich leave policy.
From India, Delhi
I have been following your posts since I joined CiteHR. I am confident about the statement I gave above. I can show you your own comments in favor of sandwich leave from the year 2018. I will rest my case as your junior if you show me a single verdict from any of the courts in India against sandwich leave policy.
From India, Delhi
Yes, what I have said in my reply to this thread is the same, that for sick leave (Medical leave) sandwiching applies because it is a certain n umber and not depending upon the number of days' worked in the previous year. It is also based on the presumption that you cannot say that you were not sick on Sunday/ weekly off day or holiday, if the pre fix and suffix are on leave due to illness. It is applicable to long leaves. BUT there is no legal support but only interpretation. That is why I have referred to Factories Act which intentionally excludes weekly off and holidays intervening the annual leave with wages or earned leave. Earned leave means leaves earned by working for certain days in the previous year (240 days) and at the rate of one day for every 20 days physically worked. If you bring sandwiching there, it will be illegal. If the organisation is introducing sandwiching as a policy it will not be legally enforceable. Still, any leave over and above what is said under the Act, can be as per the organisation's policy.
When the Factories Act very clearly says that holidays intervening annual leave (earned leaves) should not be treated as leaves, should any one go for legal battle? If traced, you will get verdicts also. If time permits, I will also find a few verdicts which clarifies explanation 2 of section 79 of the Factories Act.
From India, Kannur
When the Factories Act very clearly says that holidays intervening annual leave (earned leaves) should not be treated as leaves, should any one go for legal battle? If traced, you will get verdicts also. If time permits, I will also find a few verdicts which clarifies explanation 2 of section 79 of the Factories Act.
From India, Kannur
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Why did this talented employee leave.doc
Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf