HR Services1

HR Services1

Wednesday, 22 May 2013

12 Facts about Leaves and Holidays in India!!



Q 1 : How many leaves should be applicable in a company?


Numbers of leaves entitlement in a company depends upon state you are in. Every state has different leave entitlement and leave policies which should be seen before you define leave policy of your company. Leave policy of your company can not be less than mentioned  in your State’s shop and establishment act.
You can refer below link to download some relevant attachments which describe leave entitlement in various states.

http://hrsuccesstalk.com/forum/Thread-Leave-entitlements-in-different-states-as-per-Act


Q 2: Whether an employer is bound to grant sick leave to an employee if employee submits medical certificate?


Technically speaking an employer is not bound to accept any sick leave even if it is accompanied with medical certificate in case employer is not satisfied with the certificate submitted. There is no act on this issue.
But normally when an employee submits medical certificate from a competent medical practitioner then employer should accept it otherwise it will be considered as illogical.

Q 3: Leave is right of an employee?


Leave is not right of an employee. An employee is given casual, sick and privilege leave for some purpose.

Casual leave is provided to an employee to take care of urgent and unseen matters like Parents teacher meeting called by kid’s school in short notice.

Sick leave is provided in case employee gets sick.

Privilege leaves are provided for planned long leaves for the purpose of travel, vacation etc.

Employee need to apply for each leave and take approval except in cases where approval could not be taken in advance. Employer can refuse the leave application, if not satisfied with the reason of leave. There is no set rule for which leave to be approved and not approved. It depends from reason to reason. Eg. If an employee ask for leave to watch cricket match, it can be refused.

Q 4: Mass casual leave applied by group of employees. What do an employer should do?


If the reason of mass casual leave by many employees is to hamper work intentionally, demonstrating against the employer etc then employer has all the rights to refuse such leaves and further if required taking disciplinary action.

Q 5: Do an employer can ask medical certificate for one day sick leave?


No, an employer should not ask for medical certificate for one day sick leave. In one of the case Supreme
Court has mentioned that an employee will not necessary go to see a doctor for treatment if illness is only for one day.

That is the reason most of the companies ask for medical certificate, if employee is on sick leave for 3 or more days.

Q 6: Holidays and weekly off to be included or excluded while calculating number of leaves when holidays falls in between leaves?


It is one of the questions which confuse many HR professional. Technically speaking, all leaves with pay are excluding weekly off and holidays which means even if an employee is on leave for whole month (30 days) which includes 4 weekly off and 1 holiday then employee should be considered on leave for 25 days only.
Similarly, if an employee take leave from Saturday to Monday where Sunday is weekly off then Sunday should not be counted as leave. Hence only 2 leaves should b counted.

Q 7: What is the concept for giving compensatory off on national holiday, holiday and weekly off?


Compensatory Off in case of National Holiday or Holiday : Compensatory off should be given within 90 days of national holiday or holiday for which employee has worked along with one day average daily wage

OR

Employee can choose for double rate of average daily wage.

This is as per Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act 1965 which is extended to Delhi also.

Compensatory off in case of weekly off: Employee should be given weekly off 3 days before or after weekly off on which he worked so that worker should not work for more than 10 days consecutively without a weekly off.

Q 8: Please explain concept of Encashment of leave?


Under Factory Act there is no mention of leave encashment while in service even with consent of Management. An employee can take leave encashment while quitting services, superannuation, discharge, dismissal or death. Leave encashment should be as per average daily wage of employee. There are some companies which pay leave encashment on basic and DA, which is not correct.

Q 9:  Can employee take leave during notice period?


Yes, employee has right to take leave during notice period. In one of the case, Ghanshyam Vs Delhi Metro Rail Corporate, 2007, Delhi High court has confirmed the same.

Q 10: Can Leaves be clubbed together?


As per Delhi Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Rule 1973, Casual leave cannot be clubbed with any other leave.
That is the reason most of the companies do not club Casual leave with any other leave but Sick Leave and Privilege leave can be clubbed together.

Q 11: What should be leave policy of company?


Below is the draft which should be part of company leave policy. You can make changes are per your requirement.

Leave Policies

Commencement of Leave Period: 1st January to 31st December of every year. Grant of leave shall depend upon the exigencies of the work and shall be at the discretion of the manager/management.

All regular employees are entitled to 27 days leave in a year. There are three types of leave: Casual, Sick and Earned. The details are as follows:

Casual Leave

Maximum Limit: 6 Days

Leave Application: A formal leave application needs to be submitted at least one day (or earlier) before commencement of leave. Non-compliance will result in it been treated as “Absenteeism". No Casual leaves will be entertained without prior permission.

Rules:
1. CL can be taken for minimum 0.5 to maximum 3 days. In case of more than 3 days leave, it should be taken as EL.
2. There are no casual leave carry-forwards. At the closing day of financial year any available leave under this head will lapse automatically.
3. Can not be appended with EL/SL.
4. Need to apply atleast a week before for 3 days leaves.
5. Pro rata entitlement for new joinee & resigned emloyees
6. All employees who worked for total of 10 days in a month would be eligible for prorate leave for that month.

Sick Leave

Maximum Limit: 6 Days.

Leave Application: Submission of leave application or intimation to office is expected.

Rules:

1. SL can be taken for minimum 0.5 to maximum 7 days (paid) .
2. There are no sick leave carry-forwards. At the closing day of financial year any available leave under this head will lapse automatically.
3. For all absences exceeding 3 days, medical certificate needs to be enclosed. For all absences exceeding 7 days, every additional day beyond the 7th day will be adjusted against Earned Leave in credit of the employee, subject to production of aforesaid medical papers.
4. SL can be appended with EL.
5. Pro rata entitlements for new joinee & resigned employees
6. All employees who worked for total of 10 days in a month would be eligible for prorate leave for that month.

Earned Leave/ Privilege Leave

Maximum Limit: 15 Days

Leave Application: Leave application needs to be submitted and approved by immediate manager, at least 15 days before commencement of leave.
Rules:

1. EL can be taken for minimum 3 to maximum 15 days . PL cannot be taken for less than 3 days.
2. EL are carried forward subject to maximum limit of 60 days. Any accumulation beyond 60 days, will lapse automatically at the end of the financial year
3. Pro rata basis for new joinee cannot be normally granted. It can be granted only if there are exceptional situations as given below with due approval from Reporting Manager:--
a. Death in Immediate Family (Spouse/Child/Parents)
b. Child Birth
c. Self marriage
d. Accidental Hospitalization.

4. Earned Leave will be credited in the beginning of Calender Year to every employee’s account, but the entitlement will be proportional to the number of months worked. E.g. For every month completed in the pay roll of the company 1.25 days will be credited to the employee’s entitlement.
5. For resigned employees their leaves entitlement would be calculated pro rata i.e. till their last day of work. Any excess leave taken would be adjusted in F& F.

Q  12: Share abstract from Factory act and Delhi Shop and Establishment Act which describe about leaves?


ABSTRACT FROM FACTORY ACT REGARDING LEAVE

79. ANNUAL LEAVE WITH WAGES. - (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of - (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year; 
(ii) if a child, one day for every fifteen days of work formed by him during the previous calendar year. 
Explanation 1 : For the purpose of this sub-section - (a) any days of lay off, by agreement or contract or as permissible under the standing orders; 
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and 
(c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days. 
Explanation 2: The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calender year. 
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made - (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting, and 
(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death. 
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted. 
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year: 
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child : 
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in contravention of sub-section (10) shall be entitled to carry forward the leave refused without any limit. 
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year: 
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947) : 
Provided further that the number of times in which leave may be taken during any year shall not exceed three. 
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave. 
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated. 
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed. 
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9). 
(11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day. 
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal. 
80. WAGES DURING LEAVE PERIOD. - (1) For the leave allowed to him under section 78 or section 79, as the case may be a worker shall be entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles : 
Provided that in the case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the last calendar month preceding his leave, in which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of foodgrains and other articles. 
(2) The cash equivalent of the advantage accruing through the concessional sale to the worker of foodgrains and other articles shall be computed as often as may be prescribed, on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family. 
Explanation 1: "Standard family" means a family consisting of a worker, his or her spouse and two children below the age of fourteen years requiring in all three adult consumption units. 
Explanation 2: Adult consumption unit means the consumption unit of a male above the age of fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 0.8 and 0.6 respectively of one adult consumption unit. 
(3) The State Government may make rules prescribing - (a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of foodgrains and other articles shall be computed; and
(b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section. 


ABSTRACT FROM DELHI SHOP AND ESTABLISHMENT ACT FOR LEAVE

Sub-section (16)—”Leave”
The expressions ‘leave means leave of absence, that is to say, the permission obtained by an employee from his employer relieving him from the duty of attending the work with or without pay. The dictionary meaning of the word ‘leave’ being permission, unless such permission is given or leave sought is granted, it cannot be said that the person seeking leave can absent himself from duty in an unauthorised manner; Industrial Tribunal v. Rabindra Nath Sen, 1963 I LLJ 582.

22. Leave.—(1) Every person employed in an establishment shall be entitled—
(a) after every twelve months’ continuous employment, to privilege leave for a total period of not less than fifteen days;
(b) in every year, to sickness or casual leave for a total period of not less than twelve days:
Provided that:
(i) an employee who has completed a period of four months in continuous employment, shall be entitled to not less than five days’ privilege leave for every such completed period; and
(ii) an employee who has completed a period of one month in continuous employment, shall be entitled to not less than one day’s casual leave for every month:
Provided further that a watchman or caretaker who has completed a period of twelve months in continuous employment and to whom the provisions of sections 8, 10, 11, 13 and 17 do not apply by virtue of an exemption granted under section 4, shall be entitled to not less than thirty days’ privilege leave.
(1A) (i) Privilege leave to which an employee is entitled under clause (a) of sub-section (1) or under any such law, contract, custom or usage, award, settlement or agreement as is referred to in section 3, or any part of such leave, if not availed of by such employee, shall be added to the privilege leave in respect of any succeeding period to which he is so entitled to, however, the total period of such privilege leave which may be accumulated by such employee shall not at any one time exceed three times the period of privilege leave to which he is entitled after every twelve months’ employment under that clause or under such law, contract, custom or usage, award, settlement or agreement.
(ii) Leave admissible under clause (b) of sub-section (1) shall not be accumulated.
(2) If an employee entitled to leave under clause (a) of sub-section (1) of this section is discharged by his employer before he had been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him full wage for the period of leave due to him.
23. Wages during Leave.—Every employee shall be paid for the period of his leave at a rate equivalent to the daily average of his wages for the days on which he actually worked during the preceding three months, exclusive of any earnings in respect of overtime but inclusive of dearness allowance.


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138 comments:

Syeda Zaara said...

wages is as per payment of wages act and payment of wages act is applicable to employees getting less than Rs 18000/- per month (as per recent amendment). so...for employees earning more than Rs 18,000 then double wages need not be paid.

Syeda Zaara said...

wages is as per payment of wages act and payment of wages act is applicable to employees getting less than Rs 18000/- per month (as per recent amendment). so...for employees earning more than Rs 18,000 then double wages need not be paid.

Sarita Pareek said...

Dear Sir,
In the above you have mentioned that employee can take leave during notice period, but i have heard that than his notice period would be extended to the no. of days taken as leave.
Please correct me if i am wrong.

Regards,
Sarita Pareek

Govind Negi said...

Dear Sarita, Yes, employee has all rights to take leaves. But employee also need to take care that employee should not take un necessary leaves.

Sarita Pareek said...

Dear Sir,
I am working in an IT company in Pune, in our company we are given only 21 PL & no other leave & at the end of the financial year it is not carry forward. Is it ok?


Regards,
Sarita

Govind Negi said...

Dear Sarita,

As per Maharastra Shop and Establishment Act, 21 PL is ok. As far as carry forward clause is concerned, we need to refer Maharstra Shop and Establishment Act.

You must be having copy of same. Please provide the same.

Again, request you to post your queries on our HR Forum. www.hrsuccesstalk.com/forum.

You can attach act there and ask for answers.

Sarita Pareek said...

Dear Sir,
As per your article leave encashment should be on average daily basis of employee, but what about if any employee takes more leave the deduction will be on basic or average daily wages?
Sorry again I am asking my queries here but i have tried to post there but found some difficulty. So please reply me here.

Sarita Pareek said...

Dear Sir,
Waiting for your reply.

Govind Negi said...

Dear Sarita, If an employee takes leave without pay meaning employee's leave are over and employee has taken leave then leave deduction should be on per day gross salary.

Sarita Pareek said...

Thanks Sir, for your reply.

Govind Negi said...

You are welcome Sarita.

Sarita Pareek said...

Dear Sir,
Is there any rule from the government that the company has to encash the remaining leaves at the time when the empolyee is leaving ?
Can a company have no encashment policy?

Sarita Pareek said...

Please reply.

Govind Negi said...

Dear Sarita,

It depends upon state shop and establishment act. In some state it is mandatory and some not.

You can search HR SUCCESS TALK forum to download spreadsheet which has all states' leave act related information.

Shanmukha said...

Dear Sarita madam,
As per my knowledge, You are right. The employer can refuse granting leave if he is not satisfied with the reason specially in case of Notice period.

Karthika said...

Hi,
I've been taught from the first day of my handling leaves of employees that if anybody takes leave and holday comes in between then it would be counted as leave and not holiday. say for eg., "A" takes leaves on saturday and doesnt come on monday as well then his total leaves would be 03 and not two.but if "A" comes on saturday and not only monday then his total leaves would be 01.
Please help me clarify this once and for all.

Govind Negi said...

Please refer to Question 6 of above blog post. It is self explanatory and answers your question

Govind Negi said...

Dear Sarita,

Please share your query

Karthika said...

thnk u :)

Govind Negi said...

You are welcome Karthika

Karthika said...

hey... hi...
I do have a query regarding leaves again.... Is it wrong to approve PL(EL) to an employee for 1 or 2 days leave even if that employee has CL balance in his account. Actly i was strictly instructed not to give advance CLs and so ended up approving PLs :(
Plz advice

Karthika said...

Hey...
I do have anothr query but nt related to leaves. while calculating the number of days an employee has given notice period should the day on which he resigned be also included or it bcums effective frm the next day frm d date of resignation???

Govind Negi said...

Dear Karthik,

Ideally it should be effective from the day when employee has resigned.

But many a times employee resigns in evening. In this case, it is ill logical to consider that day as DOR for purpose of notice period calculation.

You can better frame a policy on same and circulate the same.

Karthika said...

Thank you :)

Karthika said...

Mr. Negi,
Kindly let me knw abt ma earlier query too .

Govind Negi said...

Dear Karthika,

There is no as such law that when an employee can give PL or CL. Law only talks about total number of leaves in an year.

It depends upon company policy. There are many companies which restrict an employee to avail PL if number of leaves are less than 3. In that case employee is bound to take CL and if all the CLs are exhausted and employee takes 1 day leave then it becomes leave without pay

Karthika said...

thnk u :)

Karthika said...

Hey, again wid a new query ....
derz an employee who met wid an accident while cumng to his usual shift n gt his intestine damaged n so was under treatment for nearli a year nw. ma query is- so shud i be adding the PL amnt to his account every month? is he eligible?

Karthika said...

Hi Mr. Negi,
I wanted to clarify a thing again.... We actly pay one day extra salary if an employee works on 26th jan, 15th august n 2nd oct..... so, if an employee does double shift i.e., works 5 to 8 hours extra from the normal shift of 9 hrs ( in any other day we would give him a comp off for dis extra hrs wrked) on 26th Jan, is he eligible for a comp off apart frm the extra salary dat hez gonna get ??????
plz lemme knw asap.... dis is urrrrgent

Karthika said...

Mr. Negi,
Kindly reply to my queries asap.... Also wanted to knw whethr comp offs r allowd during notice period?

Govind Negi said...

Dear Karthika,

Yes, employee should be eligible for PL.

Govind Negi said...

Yes, you are correct

Govind Negi said...

Dear Karthika,

Yes. Sure. if you are asking an employee to work extra during notice period then why not to give him comp off for this.

Also request you to post your queries on our HR Forum

Karthika said...

Hi,
Thank you :.

Karthika said...

hi....
After how many days of continuous work(minimum) is an employee eligible for a weekly off ?

Govind Negi said...

Dear Karthik,

A employee should be given a day off after 48 hours of work in a week or you can say one weekoff after six days minimum

Aditi said...

Dear Sir,

I have this query...We provide 21 days of PLs on pro rata basis.So if any employee asks for a leave in the first month of the year for more than 3 days is he eligible to get those leaves as a PL? Because if we calculate it with the no.of months...leave per month comes to only 1.75..please clear this silly query of mine...

Govind Negi said...

Dear Aditi,

As you give PL on pro rata basis hence an employee is eligible for 1.75 leaves in first month hence rest will be without pay.

swati kashyap said...

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Anonymous said...

Dear Sir:

Under the Maharashtra Shops and Establishments Act, do average daily wages include all of guaranteed income? Or only Basic + DA? Or something else?

Regards,

Sandra

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Anonymous said...

Are full time doctors working in not for profit organisation entitled for leaves. If so how many?

Anonymous said...

Hi..
How many leaves a professional doctor working for a not for profit organisation is entitled.

Anonymous said...

Hi

how many leaves a professional doctor working for not for profit organisation is entitled.

jimmy cardoz said...

Dear Govind ,
Jus a silly question to clarify my doubt ... If i take a SL before my week off will that week off be counted as SL similarly if a SL before or after my PL will the PL be converted to SL

Govind Negi said...

Dear Jimmy,

If week off is in between SLs you have taken then Week off should also be considered as SL.

SL can be clubbed with PL

Govind Negi said...

Dear Friend,

Leave entitled is as per state and not as per profession. Hence request you to let us know which states you belongs to?

Vinesh Kumar said...

Is leave a request or information ?
eg;
Please be informed that I will be on leave from date so and so reason being xyz.
or
Please approve my leave from date so and so reason being xyz.

Which one is as per corporate policies and why ?

Govind Negi said...

Dear Vinesh,

Leave should be applied in advance in case of EL/PL.

In case of CL, one day or same day information will also work.

In case of SL, approval is not required.

Anonymous said...

Hi Govind,

My query is :
If in case we resign at a IT company and not in a position to serve notice period and if left with around 30 CEL's, are we going to get paid for those CEL's in the final settlement?

gaurav said...

Respected Mem,

many times our employee take leave for one hour and 3 hours for the day this type of regular once in a week so then pl give me any suggestion on this matter.

Govind Negi said...

Dear Friend,

Adjustment of leaves either CL or EL against notice period should be as per company policy.

Also encashment of EL depends upon company policy. In some states EL encashment is mandatory.

Govind Negi said...

Dear Gaurav,

It depends upon company policy.

In case of one hour leave, you can treat it as Short leave. In case three hours leave it should be treated as half day.

You need to draft a company leave policy.

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Anonymous said...

Sir,

I work in food manufacturing company (proprietorship) at Gujarat. Please note we have around 11 days of public holidays (paid during the year)and these exclude 3 national holidays. What i would like to know is, whether these 11 days are deductible from the number of days of earned leave?

Suppose :
If my earned leave for year 2013 is 13days, will 11 days of public holiday be deducted and am i eligible to get pay for just 2 days as leave salary?

Govind Negi said...

Dear Friend,

Earned leave and holiday are different.

Hence both should be given separately

farid ahmed said...

Can we club Sick and casual leaves under UP shop and establishment act?

Anonymous said...

I was with software company but left the company without notice.as salary was not good to survive...manager treat me like slave ....lead was not helping me in work as i was new so not sure how to work functionaly....late night work.....sat sunday come to ofc...so i left the company in 2 months....now they are sending me reg letter via lawyer to pay two month salry.....what to do ...please help....

Govind Negi said...

Dear Friend,

If you have to give 2 months notice to company then you should have given the notice period to company before leaving.

Anonymous said...

Hi I work in pune BPO company and I have worked on all the national holiday for which double wage of that day is given no comp off is given. ... Is this correct??

Sonila Swaminathan said...

Dear Sir,

Thanks for this informative blog.

Would like to know if we can compensate the Restricted Public Holidays like Republic day or Independence day falling on a weekend with any other Public Holiday.

I tried finding out information online, but there is no such information available. As I would also like to make a note of the same in my office records.

Thanks and regards,
Sonila

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Ananta said...

Can you give me the reference for Question no. 6 of your blog. Kindly mail me the reference on my email id ananta20@gmail.com

Govind Negi said...

Dear Friend,

In case of BPO working for clients outside India has different list of holidays. This is applicable as per this specific industry. I am not too sure. I think in such case you are not eligible for double pay and compensatory off if you work on national holidays and working for a BPO working for foreign clients.

Govind Negi said...

Dear Sonila,

As per law a company should be closed on national holiday. In case national holiday is falling over a weekend and company is already closed then there is no compulsion for company to give another day as off.

This is company's wish if they wants to do it.

Govind Negi said...

Dear Ananta,

Please refer Shop and Establishment Act of your state.

Also you should go to HR SUCCESS TALK Forum i.e. www.hrsuccesstalk.com/forum and search for state wise leave and download the file

NEERAJ RATHORE said...

Hi Sir

I work with one of the top Indian IT giant and recently I came to know that we have a rule that we can take 6 annual medical leaves only after exhausting our paid leaves , means If i get sick and I have 3 paid leaves and 6 medical leaves in balance and I want 6 medical leaves then in that case first I have to take 3 paid leaves and then 3 medical leaves . I wanted to know is this the correct company policy .

Mayur Surati said...

WHICH TYPE OF LEAVE LAPSES AND NOT CARRIED FORWARD??

Manosh said...

The above rules applicable for It Firms?

ramaprabhu said...

sir, I am on roles of registered office at Kolkatta. My salary comes from kolkatta. I work for their headoffice at Bangalore. My doubt, registed office kolkatta observes 17 days national festival holidays, and saturdays as holidays. I have not been given this privilege in Bangalore. Am i eligible to observe Kolkatta declared holiday or karnataka declaraed holiday for my office and Also saturday. Please clarify this issue sir. Its a lond pending doubt in my mind.

sahiba talwar said...

Hello Sir,

In the start of new year 2015, I applied for 7 Annual leaves which also got approved by my manager.

However, due to personal reasons, I had to resign from my company which has 2 months notice period.

Now, my manager has himself un-approved my leaves without discussing with me saying that it is against HR policy to take leave during notice period.

I have given the company 2 options to which my manager doesnt agree:

- Proposed them Loss of Pay for the leaves exceeding monthly entitlement.

- Working extra days over & above 2 months to cover the number of leaves taken.

Both the above is not agreeable to my manager & the HR wants me to sort it out with the manager.

What can I possibly do to escape such a situation?
I really want to take these leaves & have made my bookings accordingly.

Anonymous said...

Hi, is there a difference between leave policy for 5 days a week working and 6 days a week working? If it 5 days a week can Saturdays be considered for Casual Leave / Sick Leave.

Vikas Dhama said...

Thanks for sharing the information.

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yogesh said...
This comment has been removed by the author.
yogesh said...

Hi Sir,

I have joined new start up company in bangalore this monday(16/2). I found the shift timings very weird here. Morning shift starts from 7AM till 4PM, noon shift 2PM till 11PM and night shift from 10.30PM till 7.30AM.

Since this is a start up , management would be looking for cost cutting.

We wont get cab facilities for morning shift. Please let us know if there is any such rule about shift timings so that company has to pay the shift allowances . Here i believe these kind of shift timings are only to avoid shift allowances.

Regards,
Yogesh

Anonymous said...

Dear Sir,
I am working in a food industry. Oup company gives 33 - EL,10 - SL & 15- CL per year.
As per our company rule, EL can be availed maximum Thrice per year.
If I have a balance of 4.5 CL on 9.3.15 and already availed EL Three times. Can I take SL Without approval. Ready to submit Medical certificate from the medical practioner.

Anonymous said...

Our company is registered under company act 1965.It has about 30-35 employees. They give us 12 leaves annually. - 8PL and 4Cl. I have been working here for 2 yrs now. But no Earned leaved yet.No employee provident fund also.
I wanted to understand how many leaves are we actually eligible for so that I can talk to our HR.

shobz khan said...

HELLO
SIR I WOULD LIKE TO ASK THAT

IF I DON'T COME TO OFFICE BUT I INFORM SUPERVISOR I NEED LEAVE TODAY AND TODAY IS 26TH JAN 2015 .
SO THE COMPANY SHOULD MARK ME AS HOLIDAY OR LEAVE WITHOUT PAY ?

COMPANY MARKED ME ABSENT AND SAID YOU HAVE TO PRE PLAN AND THREE IS NO LAW.
PLEASE HELP ME WITH THE ACT{LAW} AND ANSWER THE ABOVE QUESTION.
THANKS
SHOAIB KHAN

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Prajwal said...

Hi,

I have a 17 days leaves, which is not provided during the working days (applied for exams) and also they are not adjusting in notice period also. Do I have a option to force to adjust against notice period...

Rgds,

Prajwal

Kailash Yadav said...

Hi,
my earned leave ends on sunday. can i will get tuesday a weekly off being fixed as weekly off day for me

with regards
kailash yadav

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Neha Singh said...

Well explained. Our company has changed its HR policy in which one cannot take any leave during the probation period( which is of 6months). Also if an employee is taking a leave though it is informed well in advance then for a day's leave, his 2 days salary will be deducted. Also for those who are confirmed but takes more than 1.5 days leave in a month (though it is informed & approved) still his salary will be deducted. example: If I take a days leave then again 2 days salary will be deducted. Please help to let us know whether the rule to cut 2 days salary is right or not?

Abhiram Khandavilli said...

Hello Folks,

I have a question regarding the leave. I have two leaves in the month of march, and i took the two leaves on march 30 and 31st. According to our policy if two or more leaves we have that should be encasement with Salary & DA. But i applied my leaves on month end of march, but my manager approved the leave in April Month. The HR people add the leave encasement amount on June month for that two days of March and deduct my leaves on the month of July(Fresh Leaves added to HR Portal). Is this right way done by the HR? Please suggest me...i am arguing that Previous year leaves should be adjusted in Previous year not in the Assessment Year, This is right or not, how can i responsible for manager approval on the next months i.e. April. Financial Year closing in march, so should be adjusted on march as per the Factories Act.

Anonymous said...

hi ,
i have a question, i am working as HR in a newly build foodfactory.
is workers are eligible for leave in the first year of service. please let me know.
thanks.

Govind Negi said...

Dear Neeraj,

Company can not stop someone from taking a sick leave. In your case company is not stopping but asking you to utilize your PL before sick leave. Ideally, it should not be like that but there is no law as such against it.

Govind Negi said...

Dear Mayur,

This is defined in shop and establishment act. Mostly CL and SL gets lapsed and PL is carried forward

Govind Negi said...

Dear Manosh,

It is applicable to IT firms too.

Govind Negi said...

Dear Ramaprabhu,

This is as per company policy

Govind Negi said...

Dear Sahiba,

It is unfair by company if they do not take any of one option provide by you. Rest I can not comment on approval or dis approval

Govind Negi said...

Dear Friend,

Law is same for both situations.

Govind Negi said...

Appreciate

Govind Negi said...

Dear Yogesh,

there is no law for giving any shift allowance. It is as per company policy

Govind Negi said...

Yes.

Please refer company policy on the same.

Govind Negi said...

Dear Friend,

It depends upon State you are working in . Every State has its own leave policy. To find out, please go to our HR forum www.hrsuccesstalk.com/forum. You can search for state wise leave

Govind Negi said...

26th Jan is nation holiday and no office can be kept open on the same day. What kind of service your organization provide? Is it a restaurant or hospital?

Govind Negi said...

Dear Friend,

It depends upon your company policy. Please check that

Govind Negi said...

Dear Kailash,

An employee is eligible for weekly off only when employee has worked for 48 hours in that week.

Govind Negi said...

Thanks for sharing the information.

Govind Negi said...

This policy is not correct at all.

Govind Negi said...

Dear Friend,

Please refer to the company policy on leave encashment.

Govind Negi said...

Dear Friend

Yes, worker or any employee is eligible for leave. Please refer Factory act for the same.

salaimanigandan said...

Hi,
During my weekly off,if company holiday comes means what to do?
can i take company holiday and loose my weekly off or
can i take company holiday and weekly off on another day...

Anonymous said...

Dear Sir,
i have used all cl and now i have taken 1 leave...i have told to consider it as EL.. but my manager told that not less then 3 days will count as EL and so my one day leave will not count as EL and it will count as LWP...is it correct???

Govind Negi said...

Dear salaimanigandan,


You need to refer your company for the same.

Govind Negi said...

Dear Friend,

Yes, minimum number of EL depends upon company policy.

Anonymous said...

Hi,In the month of aprl 2015 i was credited with leaves although i was on unpaid leaves and i thought it might be my bonus amount and so didn't say anything.Now in julyI resigned due to health issues and during FFS they are demanding that salary which was credited to me by mistake.Please guide.I don't work these days due to health issues and creadting them with 40k will be difficult for me.What is the law in this regard?

Anonymous said...

hi,

i will not get my complete 20 days salary including weekly off while i was employee in an organization for 20 days(including weekly off)????

Please suggest me.

Anonymous said...


Weekends are not paid in salary???

Rahul said...

I had a question related to working hours in a week has you mentioned 48 hours a week now I needed clarification is this includes break of 1 hour or excludes to give and example 48+6=54 hours a week.so a employee has to work 54 hours completely or is that 42+6=48hours, I have seen in BPO it is 45 hours of work including break with two week off,now I want to know if a company is working for 6days so how many total hours will be there in a week to work including break please inform.and I also came across now the leave has been changed to 6week off a month. As it was earlier mentioned 4 week off a month now it is 6 needed clarification.

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Karthika Kaimal said...

Hi Govind,

I have come up with yet another query. Could you please let me know if we could give the annual PLs (we have 24 PLs yearly) at the start of the year to the employees? If no, then what is the policy governing this and what are the pros and cons, so that I could explain these while framing the policies.

Regards,
Karthika

neetu singh said...

Hello sir

Presently i am on probabtion period and taken a leave on friday and on saturday it was a fetsive holiday (5th Sep,2015) and on monday due to some unavoidable circumstances i was unable to attend the office which i informed over phone.So, my Saturday and sunday will be counted as upiad leaves or paid leaves.Kindly suggest.

Binusasidhar said...

Sir,
This is a Public Service Commission Question for Labour Acts

"AN EMPLOYEE IS ELIGIBLE FOR LEAVE WITH WAGES IF HE WORKED FOR .................. DAYS IN A MONTH

(A) 30 (B) 25 (C) 20 (D) 15 "


Which is the CORRECT answer?

Please give Section of the Act also.
Whether there any other Act other than Factories Act giving the answer??

Alok Kapoor said...

Sir,

How is the daily wage to be calculated for deduction of wages for Leave without Pay. Suppose their are 22 working days in a month excluding 4 Saturdays and 4 Sundays and one holiday. A person takes 2 Leaves without Pay. Is the deduction per day monthly pay / 31 or divided by 22?

Anonymous said...

I am located in Pune working for US client for BPO process. We receive 12 US client offs because our process do not work on these days. Eventually in Pune we cannot work on client offs due to nature of our work, being B2B process. We have fixed Saturday Sunday offs.
Question 1) What will I be marked on client defined holiday ? Earned leave to be deducted from my leave balance bucket or client holiday ?
2) If EL then does it not violate my fundamental right to leave, as per my choice, because I am forced to take 12 leaves, not as per my wish dates, but as per client off dates.

Vimal Kumar said...

Hi,
I'm working for a UK based BPO partnership firm located in Kerala. Working on UK shift Afternoon to Night. Happy with the work, but our company is not providing leaves properly. Monday to Saturday we are working from 1.00PM to 10.00PM. and only getting a Sunday Off. Not only that company is providing 28 days of annual leave in words, but from that Public Holidays(2 days for Vishu, 2 days for Easter, 3 days for Onam,2 days for Christmas), Strikes, Harthal, Elections will gets reduced from the 28 days leave. Later we're not supposed to take any personal leaves. And also we are supposed to Work on all days, even on Aug 15, Jan 26 and whatever national holidays or strikes came.
I wanted to know the rules and regulations for Leaves.

Umesh Kumar Aakshat said...

I am working in Noida, UP with IT company. I am in notice period and it will end on 5th May, 2016. My marriage is on 15th April, 2016. Can I take leave from 12th April, 2016 for my marriage? For how much day I can take leave?

Anonymous said...

can an employee avail weekly off after applying for compensatory off for 6 days if company allows comp off for 6days or more.

Shikha said...

Dear Sir,

A new subsidiary company is incorporated/registered in Mumbai.
Please advice on the minimum leaves(break up of all types) that can be provided to employees as per Maharashtra rules.

Thanking you.
Shikha.

suneel said...

Hi,

if any one on leave 1st to 15th of the month & 16th, 17th is weekly off then he will get paid salary for 16 & 17 or leave should be counted upto 17th.

Regards
Suneel Kumar

Vaishali said...

Hello Sir, nice information as far, my query is I am working in a service industry in Mumbai, Maharashtra, since 5 yrs but till date we are not given any of the above leaves, only few bank holidays i.e max 6-7 days, kindly help how to take action to get our yearly leaves.

komal said...

Hello Govind ji,
I am working as prt in MCD school(Delhi), I have consumed my 6 C.L.(we are granted total 8 C.L. in every year). My query is that I need 3 days leave can I be granted 2 C.L. and 1 compensatery leave continuously.
Plz reply its urgent....thank u in advance

Rakesh Kumar said...

I need help,i wirk in dental clinic and was on leave from 18 june to 5 july and in between this 3 sunday were there Total 18 days and now owner is deducting 18 days salary i told them not to include sunday but they are telling show me any notification or circular where this is written that sunday will not be counted as leaves........please help me..

Renjith SR said...

Are employee eligible to take the compensatory off(Com off) during the notice period

Renjith SR said...

Are employee eligible to take the compensatory off(Com off) during the notice period. Please reply

Renjith SR said...

Are employee eligible to take the compensatory off(Com off) during the notice period

Sibasuman Patro said...

Dear Virendra Sir,
I have a query regarding Leave. Sir I want to know that if a person joined a company
on 1st of December then when he/she will be eligible for PL. Please reply me Sir.

Diana George said...

If a leave taken bystaff spills from dec end to 1st week of next month ie Jan (next year) . How do we treat it?
incase of LWP?
Incase of Earned leave?
Do we count it in continuation or since new leaves are credited in jan do we start the counting afresh in January? Pls guide.

Karthikeyan R said...

Hi,


I have a query regarding compensatory off. Can we apply compensatory off for the Restricted holidays?

Please do the needful as soon as possible.

Thank you.

Shubham Ghule said...

Is it mandatory to give holiday on 1st may in Maharashtra as a Digital marketing firm which have only 15 employees in org???

Unknown said...

Hello. Is there any case law which state that an employee cannot carry forward leaves to next year under bombay or tamil nadu or west bengal shops and establishment act?

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saras thombre said...

Good article and easy to understand.

I have 1 query towards double pay or comp off for working on the national holiday.

In case the employee is working from INDIA and FOllowing UK holiday calendar due to project needs.

Will that respective employee be eligible for Double pay or Comp off for working on National Holiday? ??

Note all employees irrespective of whether they follow India or any other country specific holiday - All have only 10 holidays per year.