Combination of leave
Saurabh Kumar Singh
(Querist) 24 December 2012
This query is : Resolved
Dear Experts,
I am working in ltd. company in punjab. As per statutory (7 national holiday/ year) requirements company has opted 25.12.12 as paid holiday(national holiday).
To enjoy holiday most of employees has clubed their EL or CL (24.12.12) and get the benefit of 3 days leave.
Now management wants restrict this type of practice and wants that:-
1. in such situation (if there is sunday and monday is working day then tuesday is national or festive holiday). if employee is taking EL/CL on monday then as a penalty all three days will be considered as leave instead of one.
2. in such situation (if there is friday national or festive holiday and saturday is working day then sunday). if employee is taking EL/CL on saturday then as a penalty all three will be considered as leave instead of one.
MY query-is it (1&2 situation) legally possible or not. Kindly suggest some legal provisions/authority to satisfy the the management.
RAJU O.F.,
(Expert) 26 December 2012
The comany can restrict the leave on preceding or succeeding holidays, so that the employees/workers enmass should not be absent affecting the functioning of the company.
Guest
(Expert) 26 December 2012
If holidays/ closed days do not fall within the span of E/L or C/L, such preceding and succeeding holidays are prefixed and suffixed with the E/L or C/L. But, if holidays/ closed days happen to be within the span of C/L or E/L, such holidays or closed days become part of the total E/L or C/L.
Thus, a single day's of leave for 24.12.2016 falling in between Sunday (23.12.2012) and Christmas Day (25.12.2012) cannot be treated as 3 days's leave. However, if the employee has taken leave for 24.12.2012 and 26.12.2012, holiday on account of Christmas (25.12.2012) would also form part of the leave, but Sunday (23.12.2012) would be prefixed with leave and won't be counted as part of leave.
E/L of course cannot be combined with C/L.
Raj Kumar Makkad
(Expert) 01 January 2013
Adding to the detailed legal position summarized by ld. Dhingra G, No types of leaves (either CL or holiday) cannot be clubbed if both cover subsequent day.
