Hi, I would request only those members to answer who know the answer. If you have to make assumptions, please don't answer, as it will mislead people looking for information.

Say an organization runs a 5-day week (Mon-Fri). An employee wants to take leave from Monday to Friday, which means he gets a total leave of 9 days including 5 weekdays and 4 weekends. Does the organization count the number of leaves as 5 days or 7 days?

Thanks in advance.


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I presume that your query is related to an establishment and am answering it based on that presumption.

Please refer to the leave provision under your Shops Act and also the rules made thereunder. Read the provisions related to leave. You will get the answer to your query.

From India, Mumbai
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Dear colleague,

If your query is related to monthly-rated employees, then they are allowed the prefixing and suffixing of weekly holidays in many leave rules. Shop Acts/rules provide for granting at least one day of weekly off which follows the preceding 5/6 days of working. This day off is paid as a weekly off and cannot be treated as part of leave.

Regards,

Vinayak Nagarkar
HR Consultant

From India, Mumbai
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Dear Minakshi,

If he will not be present after seven days, then it will be calculated as 7 days of leave. If he is present, then it will be calculated as only 5 days. Even after taking leave, if he is present for half a day on Monday, in that case, you have to consider it as 5 days of leave. But, if he does not come on Monday, then you should consider it as 7 days of leave. The employee must be present before or after one day of the weekly off; otherwise, the weekly off will be considered as a leave.

Thanks,
Bhosale Rawindra,
HR Executive.

From India, Pune
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Your query is such that it cannot be answered without "ifs" and "buts" because the answer to it depends upon different conditions. If you don't have a leave policy at all, then you have to follow the provisions of the Shops Act of your State as to how holidays are to be treated in conjunction with leave (assuming yours is a commercial establishment).

If you have a leave policy but it does not provide for how holidays are to be treated in conjunction with leave, then the largely prevailing practice and employee-friendly practice in the example given by you is as follows:

1) In the instant case, the establishment is a five-day working one, and if an employee is on leave from Monday to Friday, then Saturday and the Sunday preceding the Monday from which the employee is on leave will have to be excluded.

2) If an employee is on leave from Monday to Friday and reports for duty on the following Monday, then the Saturday and Sunday succeeding the Friday till which he is on leave will have to be excluded.

3) If an employee is on leave from Monday to Friday and does not report for duty on the following Monday but reports on Tuesday or any other day of the week, then the Saturday and Sunday succeeding the Friday till which he is on leave will have to be included.

This is my view. Any other view is welcome. However, practices may differ.

B. Saikumar
HR & Labour Relations Advisor
Navi Mumbai

From India, Mumbai
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