Hiii Everyone I have a concern, if anyone taken a leave in saturday and monday is Gov Holiday, then the sunday is also calculate as an leave or not like sandwitch policy.
From India, Kolkata
From India, Kolkata
Normally, when both ends, ie, Saturday and Tuesday are on leave, the sandwiching of leaves would take place. That also, will depend upon the law in force. If it is a factory, then the Factories Act will be in place. If the leave taken are Earned leaves, then no way could you consider the holidays intervening, ie, Sunday and Monday, as leave days. That means, sandwiching is not permitted under Factories Act. Shops...Act being a state Act, you have to refer to the provisions. But one thing is common, if the leaves are 'earned' by an employee by working for certain day in the preceding year, like one day for every 20 days worked in the preceding year, the leave should not be sandwiched. At the same time, if the leave is not as per any law, but it is over tna above as mandated by any law, then the employer can do sandwiching because that leave is an employee benefit offered by the employer and not as per law.
In short, sandwiching is permissible only if both ends are leaves and in this example, if the employee is on leave on Saturday, and Monday is a holiday, again, he comes to office on Tuesday, then there cannot be any sandwiching.
From India, Kannur
4250In short, sandwiching is permissible only if both ends are leaves and in this example, if the employee is on leave on Saturday, and Monday is a holiday, again, he comes to office on Tuesday, then there cannot be any sandwiching.
From India, Kannur
@Madhu T K sir, sub - under which act sandwich leave applicable thanks for explanation. i want to know ,under which act sandwich leave applicable. thanks
From India, Mumbai
From India, Mumbai
There is no Act which says that holidays/ weekly off days coming in between two leaves should also be considered as leaves. At the same time, Factories Act and some of the states' Shops and Commercial Establishments Act clearly say that the holidays coming in between the leaves should not be treated as leaves. For example, the explanation 2 to section 79 of the Factories Act says:
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.
Under most of the Shops..... Act the leave is earned by working for certain number of days in the previous year. The number of days physically present only is considered for deciding how many leaves one will get. The same applies to the subsequent year also. Therefore, it is unfair to debit leave for holidays not worked. At the same time, if you have Sick Leave which is allowed for sickness, and you take SL on Saturday and again if he is absent on Monday when he is expected to rejoin work, it shall be construed that Sunday also he is sick. Moreover, the SL and CL are not 'earned' based on the previous year's physical presence in the office but it is a total number, 12 days a year. Therefore, ideally, earned leave being earned based on physical working days in the preceding year, should not be subjected to sandwiching, whereas leaves which are purely employee benefit offered by the company and those in number like CL, SL and maternity leave shall be sandwiched. A woman employee on maternity leave will be on leave on holidays and weekly off days also. If the total maternity leave is 182 days, the same will include holidays also, and she cannot claim the weekly off days lost to be compensated.
From India, Kannur
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.
Under most of the Shops..... Act the leave is earned by working for certain number of days in the previous year. The number of days physically present only is considered for deciding how many leaves one will get. The same applies to the subsequent year also. Therefore, it is unfair to debit leave for holidays not worked. At the same time, if you have Sick Leave which is allowed for sickness, and you take SL on Saturday and again if he is absent on Monday when he is expected to rejoin work, it shall be construed that Sunday also he is sick. Moreover, the SL and CL are not 'earned' based on the previous year's physical presence in the office but it is a total number, 12 days a year. Therefore, ideally, earned leave being earned based on physical working days in the preceding year, should not be subjected to sandwiching, whereas leaves which are purely employee benefit offered by the company and those in number like CL, SL and maternity leave shall be sandwiched. A woman employee on maternity leave will be on leave on holidays and weekly off days also. If the total maternity leave is 182 days, the same will include holidays also, and she cannot claim the weekly off days lost to be compensated.
From India, Kannur
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Leave Policy.doc