Hi, actually, I have confusion. My company doesn't give any leave except Sunday. If we take leave, then our salary is deducted. Now, some employees are planning to take leave on 14th August - Friday and 17th August - Monday because 15th August is a national holiday, and Sunday follows it. So, as HR, should I deduct 4 days' salary or can I pay them for 15th and 16th August?
My company's rule is that if you take leave on Saturday and Monday, then we will not pay for Sunday, considering it as a 3-day leave. Please reply.
From India, Delhi
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30My company's rule is that if you take leave on Saturday and Monday, then we will not pay for Sunday, considering it as a 3-day leave. Please reply.
From India, Delhi
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Hey,
Please review the National Holidays and Festival Holidays Act. According to this act, you are required to provide a paid holiday on August 15th.
You should submit the list of employees 48 hours in advance to the authorities specified under the NHFH Act, indicating whether they are willing to work on August 15th in a specified format. If they work on that day, you must pay them double the wages.
Your company can establish any policy, but it is a legal requirement to grant a paid holiday. Failure to do so may result in penalties and be considered a serious misconduct.
Thanks
From India, Chennai
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Please review the National Holidays and Festival Holidays Act. According to this act, you are required to provide a paid holiday on August 15th.
You should submit the list of employees 48 hours in advance to the authorities specified under the NHFH Act, indicating whether they are willing to work on August 15th in a specified format. If they work on that day, you must pay them double the wages.
Your company can establish any policy, but it is a legal requirement to grant a paid holiday. Failure to do so may result in penalties and be considered a serious misconduct.
Thanks
From India, Chennai
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thanks, i have an question also, if employee take leave before and after the festival day (festival off is given by company). in that condition should i give paid festival leave or not
From India, Delhi
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From India, Delhi
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Dear Monika,
If an employee is taking leave on the day before and the day after a public holiday/Sunday, only for those days should you deduct the salary (if there are no other leaves taken). Sunday and public holidays should be considered as days without work and as holidays only. You are not supposed to deduct salary for those days, in line with your company's policies. Please discuss this with your management and inform them of the consequences of any unfair practices. Draft a leave policy in accordance with the applicable regulations and seek management approval for immediate implementation, as not providing any type of leave is also an unfair practice and may be considered serious misconduct by labor authorities.
I hope I have clarified your query. Please let me know if you have any other questions.
Thanks & Regards,
T. Prathap
Senior HR Executive, Narayana Health
8884291530
From India, Madras
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If an employee is taking leave on the day before and the day after a public holiday/Sunday, only for those days should you deduct the salary (if there are no other leaves taken). Sunday and public holidays should be considered as days without work and as holidays only. You are not supposed to deduct salary for those days, in line with your company's policies. Please discuss this with your management and inform them of the consequences of any unfair practices. Draft a leave policy in accordance with the applicable regulations and seek management approval for immediate implementation, as not providing any type of leave is also an unfair practice and may be considered serious misconduct by labor authorities.
I hope I have clarified your query. Please let me know if you have any other questions.
Thanks & Regards,
T. Prathap
Senior HR Executive, Narayana Health
8884291530
From India, Madras
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If they are taking leave on Saturday and then coming back to work on Monday, your company should not deduct the salary for Sunday. Leaves from Saturday to Monday are considered as Sandwich leave; in that case, salary is either deducted or adjusted from their PL or CL.
From India, Gurgaon
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From India, Gurgaon
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Dear member,
The leave of any kind to which the employee is entitled as per law, i.e. as per the Factories Act, or Shop & Commercial Establishment Act, or the Industrial Establishment (Standing Orders) Act, 1946, in my opinion, should be sanctioned by the management without any objections unless the exigencies of work do not permit the same.
Your employees are human beings; they live in society and may have many social commitments. During leaves, they can relax themselves. Therefore, as a matter of policy, in my opinion, the leaves (as may be due, including sandwich leaves as mentioned by one of the contributors above) should be sanctioned in a very relaxed manner so that the employee may rejoin his duty afresh without any mental worries. However, suitable strict action can be taken against habitual absentees.
From India, Noida
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The leave of any kind to which the employee is entitled as per law, i.e. as per the Factories Act, or Shop & Commercial Establishment Act, or the Industrial Establishment (Standing Orders) Act, 1946, in my opinion, should be sanctioned by the management without any objections unless the exigencies of work do not permit the same.
Your employees are human beings; they live in society and may have many social commitments. During leaves, they can relax themselves. Therefore, as a matter of policy, in my opinion, the leaves (as may be due, including sandwich leaves as mentioned by one of the contributors above) should be sanctioned in a very relaxed manner so that the employee may rejoin his duty afresh without any mental worries. However, suitable strict action can be taken against habitual absentees.
From India, Noida
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First, your company is in violation of the law by only having Sunday as a holiday. Both the Factory Act and Shop Act have provisions for a minimum number of leaves (apart from the weekly off), which ranges from 15 days a year to 30 days a year. Additionally, it is a requirement that the factory/shop needs to be closed as a paid holiday for four national holidays. Some states also have the requirement of additional days for festival holidays.
Coming back to your main question, if an employee takes leave both before and after a holiday, the holiday gets counted as leave and is handled accordingly.
From India, Mumbai
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Coming back to your main question, if an employee takes leave both before and after a holiday, the holiday gets counted as leave and is handled accordingly.
From India, Mumbai
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