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Treating national holiday as leave?
Human Resources » Industrial Law & Discipline

Chrm Message From: dharm Total Posts: 22 Join Date: 26/05/2008
Rank: Executive Post Date: 11/08/2016 07:15:59 Points: 110 Location: United States
Dear professionals,
Recently, an employee raised a point that national holidays cannot be counted as a leave in case an employee prefixes and/or suffixes it with leave. This is the first time to have come across such a matter and while exploring couldn't find a regulation in the Shops and Establishment Act to answer this point. Can you please provide some clarity on this?
Thank you,
Chrm Message From: davender Total Posts: 16 Join Date: 26/05/2008  
Rank: Executive Post Date: 11/08/2016 07:20:24 Points: 80 Location: United States
Dear Dharmesh,
First of all, you must determine what is the nature of leave. 
Let me cite the  Bombay Industrial Establishment (Standing Orders) Rules 1959. It provides a Model Standing Orders under Schedule I. Of which Section A deals with workmen dealing with manual or technical work and Section B deals with workmen employed on Clerical or Supervisory work. Rule 14 in Section A and Rule 16 in Section B deal with Casual Leave. Both contain 5 sub clauses and the provisions in both are identical. Therefore, i am just giving one set of rules here below:
16 (1)    Every workman shall be entitled to casual leave.
16 (2)    Casual leave shall be non cumulative and no leave of any kind may be combined with casual leave.
16 (3)    Except for emergent reasons, casual leave shall be limited to three days at a time. Casual leave is intended  to meet special or unforeseen circumstances for which provision cannot be made by exact rules.
16 (4)    Holidays declared by the establishment and weekly holidays may be prefixed or suffixed to casual leave.
Now, please check for something similar enacted by the state government. You may refer to other acts like Factories Act etc depending on the nature of your establishment.

Hope this helps you to understand somewhat.


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