For instance, during a leave taken when there is a Sunday or a public holiday, how is that considered? For example, a leave taken from 25th April 2015 to 27th April 2015 where 26th April is a Sunday. Another scenario is a leave taken from 27th July to 30th July where 26th July is a Sunday. In both cases, Sunday is considered as leave and not a weekly off. Can you please help me understand the leave policy for private sectors?

Thank you,
Revathi

From India, Bangalore
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Hi Buddy,

How do you consider a week off as leave? From the above example, only the 25th and 27th are taken as leave, not the 26th because it falls on Sunday (Week-Off). However, the above-mentioned scenario will differ based on the class of employees, such as Management Staff and Shop floor employees.

The law is common for both the public and private sectors. It states that every person who works for 6 continuous days is usually off on the 7th day.

With Regards,
Mr. Thumbs Up

From India, Chennai
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It is true that after 6 days of work, a worker (whether employed permanently or for a temporary period) is entitled to a day of rest. But in the instant case, the worker has not worked for 6 days but was on leave on Saturday. Following that principle, he is not entitled to leave with wages for Sunday.

Now coming to the practical scenario, regular employees are entitled to certain number of leaves of different types, like casual leave, say 12 days per annum, sick leave for 12 days per annum and certain number of privileged leave/ earned leave depending his grade, number of days worked in the preceding year etc. If you follow the Factories Act, any weekly off day or holiday which comes in between two leaves (like that in the example, 26th April or 26th July) should not be counted as leave. This is because leave for the succeeding year is purely based on the number of days physically worked in the current year. At the same time, if you have in addition to earned leave/ privileged leave/ annual leave, any casual leave or sick leave, the same can be as per company policy because as per Factories Act only earned leave is admissible and CL or SL is outside the scope of the Act and is a bonus for the employees.

Now, coming to Shops and Commercial Establishments which are governed by the State Act, there seems to be no such specific mention about how the sandwiched holiday should be treated. Since leaves under this Act are lump sum, like 12 days of CL, 12 days of SL and 12 days of PL, and not based on the actual days present in the office by each employee in the preceding year, there is nothing wrong in taking the entire days including holiday or weekly off day which intervenes the leave days, as leave. A Shops and Com.. Est……Act, as already mentioned, is a state Act and I have put my views based on Kerala Act. The same is the case with Karnataka and Tamil Nadu Act.

Again coming to a practice, most of the firms follow that holiday/ weekly off day coming in between two casual leaves will be counted as weekly off or holiday, as the case may be, and that coming in between PL or sick leaves should be treated as leave.

Justification to the above is that PL is usually taken for a longer period and not for a single day and therefore, the employee may be deprived of the holidays and weekly off days for the reason that he has not been present for these long days. Similarly, if an employee is on sick leave on Saturday and on Monday, it is presumed that he is sick on Sunday also.

Any way, it is always desirable to have a leave policy for the company and communicate it to the employees. If no policy exists, holidays and weekly off should not be clubbed to leaves.

Madhu.T.K

From India, Kannur
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Hi,

In general, the Sundays and public holidays in between leaves are considered as leave only. If any private companies are more employee-friendly, they may not consider this. I think there are no such companies that exist to not consider it as leave.

Regards,
Raj

From India, Hyderabad
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I agree with Madhu. It depends on the type of establishment as well as the leave policy of the establishment. The normal practice in Govt departments is prefixing and/or suffixing holidays to EL and ML but treating the intervening holidays as part of the leave applied for, other than in the case of CL.
From India, Salem
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Dear colleague,

Greetings. The leave policy may be as follows:

1. For casual/compensatory holidays: The intermittent Sunday is treated as a weekly off and not included in such leave.
2. For earned or other kinds of leave: Sunday is not treated as a weekly off since the employee has not worked on the days before and after Sunday, and it is included in the leave period.

Hope this satisfies your query.

Ramanathan

From India, Coimbatore
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Leave either can be suffixed or prefixed. Suppose you apply for leave on Saturday and do not report on Monday, your 3 days leave be considered as per practice in pvt.organizations.
From India, Lucknow
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As per the Companies Act, one holiday (i.e. Sunday or any public holiday) between two leaves is treated as leave, whether it is a private company or a public limited company. There is no question regarding whether the employee worked for 6 days or not.
From India, Visakhapatnam
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1) If the weekly holiday falls in between the leave days, then the weekly holiday will also be considered as leave.

2) If the leave starts from or ends with a weekly holiday, then that weekly holiday will not be considered as leave.

From India, Tiruchchirappalli
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Anonymous
As per compliance, all holidays including the week off are excluded from counting as leave, even if they are sandwiched. They can be suffixed or prefixed. It's the organization's leave policy, wherein they clearly mention that holidays or week off falling between leaves shall be taken as leaves. This is to make leave counting easy and clean.
From India , Delhi
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