Dear Sir,
Kindly provide your guidance and clarification on the following points:
1. Suppose an employee is absent on Saturday and attends work on Monday, should Sunday holiday benefit be given or not?
2. Suppose an employee is present on Saturday and absent for work on Monday, should Sunday holiday benefit be given or not?
3. If an employee is absent continuously from Saturday to Monday and present for work on Tuesday, should Sunday be considered as Loss of Pay or should holiday benefit be given?
4. Usually, according to my knowledge, if an employee has worked on either side of the Sunday weekly holiday, holiday benefit is given, and the employee will not be given holiday benefit if they are absent on both Saturday and Monday.
5. Are the above points covered under any industrial law or rules, or is it as per established practice in the industry?
6. Clarification for the above has been sought because it has been disputed, and an authentic clarification has been sought. Hence this query.
Your valuable feedback on the above is highly appreciated.
From India, Bangalore
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1Kindly provide your guidance and clarification on the following points:
1. Suppose an employee is absent on Saturday and attends work on Monday, should Sunday holiday benefit be given or not?
2. Suppose an employee is present on Saturday and absent for work on Monday, should Sunday holiday benefit be given or not?
3. If an employee is absent continuously from Saturday to Monday and present for work on Tuesday, should Sunday be considered as Loss of Pay or should holiday benefit be given?
4. Usually, according to my knowledge, if an employee has worked on either side of the Sunday weekly holiday, holiday benefit is given, and the employee will not be given holiday benefit if they are absent on both Saturday and Monday.
5. Are the above points covered under any industrial law or rules, or is it as per established practice in the industry?
6. Clarification for the above has been sought because it has been disputed, and an authentic clarification has been sought. Hence this query.
Your valuable feedback on the above is highly appreciated.
From India, Bangalore
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Suppose an employee is absent on Saturday and attends work on Monday, should Sunday holiday benefit be given or not? It depends upon the employer's leave policy rules.
Suppose an employee is present on Saturday and absent for work on Monday, should Sunday holiday benefit be given or not? It should certainly be given.
If an employee is absent continuously from Saturday to Monday and present for work on Tuesday, should Sunday be considered as Loss of Pay or should holiday benefit be given? Sunday should be considered a loss of pay.
Usually, according to my knowledge, if an employee worked on either side of Sunday, the weekly holiday benefit is given. However, the employee will not receive holiday benefit if they are absent on both Saturday and Monday. Some employers do not follow the sandwich weekly off rule.
Are the above points covered under any industrial law or rules, or is it as per established practice in the industry? Please refer to the Factories Act for clarification.
Clarification for the above has been sought because it has been disputed, and an authentic clarification has been requested.
From India, Pune
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Suppose an employee is present on Saturday and absent for work on Monday, should Sunday holiday benefit be given or not? It should certainly be given.
If an employee is absent continuously from Saturday to Monday and present for work on Tuesday, should Sunday be considered as Loss of Pay or should holiday benefit be given? Sunday should be considered a loss of pay.
Usually, according to my knowledge, if an employee worked on either side of Sunday, the weekly holiday benefit is given. However, the employee will not receive holiday benefit if they are absent on both Saturday and Monday. Some employers do not follow the sandwich weekly off rule.
Are the above points covered under any industrial law or rules, or is it as per established practice in the industry? Please refer to the Factories Act for clarification.
Clarification for the above has been sought because it has been disputed, and an authentic clarification has been requested.
From India, Pune
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Though sandwiching of holidays is not permitted as per the Factories Act, the establishments coming under the scope of the state Shops and Commercial Establishments Act need not follow it. The basic reason why the Factories Act does not allow sandwiching is that there is only one type of leave, i.e., earned leave under the Factories Act, and availing of earned leave is permitted only three times a year. Under this situation, many establishments will have their own leave rules, better than what is provided under the Act. Accordingly, there can be more earned leave, for example, 1 day for every 15 days worked, or even 1 day for every 10 days worked, 12 days of casual leave, 15 days of sick leave, etc.
While drafting such leave rules, it is permissible to have a provision that any person who takes leave before and after a holiday will lose the holiday, or the holiday will also be counted as leave. However, in the absence of any additional leaves other than those provided under the Factories Act, you cannot enforce a rule that sandwich holidays will be counted as leave.
In the case of establishments covered by the Shops and Commercial Establishments Act, there is no specific mention about the treatment of casual leave (CL), privilege leave (PL), or sick leave (SL) (This is true in the case of Kerala, Karnataka, Tamil Nadu, and a few other states, and I am not sure about various other states, but I presume it should be similar) and as such, you can interpret that PL, being a kind of leave taken as per a plan and obviously for an absence involving more than three days (the number of days is also subject to defense), any holiday coming in between two PL should be counted as leave.
Similarly, if an employee is sick on Saturday and again on Monday, it can be presumed that they will be sick on Sunday as well. In the case of SL, sandwiched holidays can also be counted as leave. On the other hand, casual leave is taken to meet engagements of a very casual nature, which may not require a full-day absence from the workplace, like visiting a public office. There is a possibility that the employee may be contacted over the phone for various clarifications from the office. In such cases, if the employee needs to take leave after a holiday, the holiday need not be counted as leave.
The same logic can be applied to maternity leave as well.
From India, Kannur
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While drafting such leave rules, it is permissible to have a provision that any person who takes leave before and after a holiday will lose the holiday, or the holiday will also be counted as leave. However, in the absence of any additional leaves other than those provided under the Factories Act, you cannot enforce a rule that sandwich holidays will be counted as leave.
In the case of establishments covered by the Shops and Commercial Establishments Act, there is no specific mention about the treatment of casual leave (CL), privilege leave (PL), or sick leave (SL) (This is true in the case of Kerala, Karnataka, Tamil Nadu, and a few other states, and I am not sure about various other states, but I presume it should be similar) and as such, you can interpret that PL, being a kind of leave taken as per a plan and obviously for an absence involving more than three days (the number of days is also subject to defense), any holiday coming in between two PL should be counted as leave.
Similarly, if an employee is sick on Saturday and again on Monday, it can be presumed that they will be sick on Sunday as well. In the case of SL, sandwiched holidays can also be counted as leave. On the other hand, casual leave is taken to meet engagements of a very casual nature, which may not require a full-day absence from the workplace, like visiting a public office. There is a possibility that the employee may be contacted over the phone for various clarifications from the office. In such cases, if the employee needs to take leave after a holiday, the holiday need not be counted as leave.
The same logic can be applied to maternity leave as well.
From India, Kannur
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