Dear Malik,
I agree with your version when it is EL ( intervening holidays / w.offs are not to be part of leave ). Normally in most of the orgnization a minimum of FOUR EL / PL & to a maximum of 3 times in a calendar yar is the rule as at any given time employee can avail a maximum of 3 CLs. In those circumstances for two days EL is not possible. Over and above this apllication for EL to be well in advance. If it cl intervening holidays and weekly offs are part of leave, nobody is allowed to avail CL more than 3 days, he has to apply one day leave on Friday and Monday will be with out pay. In some of the organizations there won't be any CL/SL/EL and a consolidated 30 leaves per annum and in those circumstances the intervening holidays / weekly offs are not part of leave.
As far as with out pay is concerned, if the prefix and suffix are with out pay then the intervening holidays and weekly offs are going to be with out pay. Leave is a sensitive issue, advance intimation / sanctioning and rejecting / with out pay / with pay all need to be done wrt type of leave, the circumstances and the reason behind etc.
Thanks and regards - kameswarao
From India, Hyderabad
30I agree with your version when it is EL ( intervening holidays / w.offs are not to be part of leave ). Normally in most of the orgnization a minimum of FOUR EL / PL & to a maximum of 3 times in a calendar yar is the rule as at any given time employee can avail a maximum of 3 CLs. In those circumstances for two days EL is not possible. Over and above this apllication for EL to be well in advance. If it cl intervening holidays and weekly offs are part of leave, nobody is allowed to avail CL more than 3 days, he has to apply one day leave on Friday and Monday will be with out pay. In some of the organizations there won't be any CL/SL/EL and a consolidated 30 leaves per annum and in those circumstances the intervening holidays / weekly offs are not part of leave.
As far as with out pay is concerned, if the prefix and suffix are with out pay then the intervening holidays and weekly offs are going to be with out pay. Leave is a sensitive issue, advance intimation / sanctioning and rejecting / with out pay / with pay all need to be done wrt type of leave, the circumstances and the reason behind etc.
Thanks and regards - kameswarao
From India, Hyderabad
1. Company Policy Must Spell Out Its Policy On The Matter Of Leave Including Prefix - Suffix.
2. Any Leave (other Than Sick Leave-produce Medical Certificate) Taken Without Prior Authorization Is Unauthorized Leave And The Company Holds The Right To Dispose Off The Matter It Feels Fit Including Leave Without Pay. Even The Casual Leave Needs To Be Authorised. To Take Care Of The Emergency Matters The Employee Must Inform The Office On Telphone And Take Verbal Approval.
3. If The Leave Had Been Sanctioned Then The Leave Is Always Paid Leave (subject To Balance Of Leave Available In Employee's Leave Account), But Will Be Accounted Under Casual Or Previlege Leave As Applicable.
4. If There Is No Leave Balance In The Employees Account It Will Be Authorised 'lwp'.even Lwp Needs To Be Authorised. Unauthorised Leave Can Attract Actions Under "indiscipline"
In Any Case The Company Must Have Established Its Policy And Made Known To The Employees.the Hr Dept. Is To Implement The Established Rules.
No Department Can Stand In Judgement After The Event Has Occured And Does Not Have Established. In Such A Case The Matter Should Be Taken Up To The Body Who Is Supposed To Establish / Approve Such Rules I.e The Board.
From India, Pune
2. Any Leave (other Than Sick Leave-produce Medical Certificate) Taken Without Prior Authorization Is Unauthorized Leave And The Company Holds The Right To Dispose Off The Matter It Feels Fit Including Leave Without Pay. Even The Casual Leave Needs To Be Authorised. To Take Care Of The Emergency Matters The Employee Must Inform The Office On Telphone And Take Verbal Approval.
3. If The Leave Had Been Sanctioned Then The Leave Is Always Paid Leave (subject To Balance Of Leave Available In Employee's Leave Account), But Will Be Accounted Under Casual Or Previlege Leave As Applicable.
4. If There Is No Leave Balance In The Employees Account It Will Be Authorised 'lwp'.even Lwp Needs To Be Authorised. Unauthorised Leave Can Attract Actions Under "indiscipline"
In Any Case The Company Must Have Established Its Policy And Made Known To The Employees.the Hr Dept. Is To Implement The Established Rules.
No Department Can Stand In Judgement After The Event Has Occured And Does Not Have Established. In Such A Case The Matter Should Be Taken Up To The Body Who Is Supposed To Establish / Approve Such Rules I.e The Board.
From India, Pune
Section 79 subsection 1 expanation 2 of the Factories Act. is applicable to Daily Wage worker and not to Staff who are paid monthly salary. Hence he or she will be marked 4 days leave inclusive of Saturday and Sunday. If only 2 days leave is marked this will encourage most of the Staff to take leave on Friday and Monday and enjoy a long week end.
From India, Mumbai
From India, Mumbai
dear prasad
please update your knowledge about factory act , it is applicable to all employees of the organisation including directors .you pls check applicablity clause given in the act .you are absolutely worng to say that factories act is applicable to daily wage workers only.
dear who has made this term staff?we only created this term,no where it is written and i have never read this word in any act.
for other act like ID etc we can call whether workmen or not.there is also no where mentioned staff.
what problem you will be facing if someone take his leave and enjoy week ends,if departmental head is sanctiong leave ,than it is ok.
j s malik
From India, Delhi
please update your knowledge about factory act , it is applicable to all employees of the organisation including directors .you pls check applicablity clause given in the act .you are absolutely worng to say that factories act is applicable to daily wage workers only.
dear who has made this term staff?we only created this term,no where it is written and i have never read this word in any act.
for other act like ID etc we can call whether workmen or not.there is also no where mentioned staff.
what problem you will be facing if someone take his leave and enjoy week ends,if departmental head is sanctiong leave ,than it is ok.
j s malik
From India, Delhi
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
From India, Jaipur
Hi MehulV,
Mr. Malik is right. It is depends on leave taken. if He/She took leave 2days just before weekends. the only two leave will be consider. if one leave before weekend and one in continuation with weekend then 4 leave will be consider.
regards,
Tarun V
Mr. Malik is right. It is depends on leave taken. if He/She took leave 2days just before weekends. the only two leave will be consider. if one leave before weekend and one in continuation with weekend then 4 leave will be consider.
regards,
Tarun V
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
From India, Bangalore
Hi Mehul
I agree with our members suggestions. The leave policy depend on organisation to organisation. coming to your question if the perosn is taking a leave on Friday and Monday and Saturday and Sunday being leave. The leave should be consider for 4 days.
Other leave rules as per my company leave policy as follows :-
1. Employee can avail SL with CL
2. Cannot avail CL for more than 3 days in a month
3. PL and SL can be taken together
4. Sick Leave for more than three day. should furnish Medical certificate.
These are some of leave rules for your information.
Regards
Manoj
From India, Mumbai
I agree with our members suggestions. The leave policy depend on organisation to organisation. coming to your question if the perosn is taking a leave on Friday and Monday and Saturday and Sunday being leave. The leave should be consider for 4 days.
Other leave rules as per my company leave policy as follows :-
1. Employee can avail SL with CL
2. Cannot avail CL for more than 3 days in a month
3. PL and SL can be taken together
4. Sick Leave for more than three day. should furnish Medical certificate.
These are some of leave rules for your information.
Regards
Manoj
From India, Mumbai
In reference from Factories Act Sec. 79A, if the employee is on Earned Leave i.e. Previlege Leave, than only 2 days i.e. Friday & Monday (in this case) will be credited from Employee's Leave A/c (Saturday & Sunday being considered as off-days) and the employee will be entitled to get pay for all the 4 days 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. Company's Leave Poicy has to refered.
In this case (to my knowledge) C.L. is non-applicable. Company's Leave Poicy has to refered.
Dear Mehul
While availing PL / EL, holidays & weekly offs falling during the leave period will not be counted. e.g. "A" has taken 10 days leave and if two weekly offs fall in between, "A" can enjoy 12 days but only 10 PLs will be cut.
about CL & SL depend on the company policy whether to count weekly off in the leave period. Our company do not count weekly offs / holidays in the CL & SL period.
Suresh
From India, Pune
While availing PL / EL, holidays & weekly offs falling during the leave period will not be counted. e.g. "A" has taken 10 days leave and if two weekly offs fall in between, "A" can enjoy 12 days but only 10 PLs will be cut.
about CL & SL depend on the company policy whether to count weekly off in the leave period. Our company do not count weekly offs / holidays in the CL & SL period.
Suresh
From India, Pune
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