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Manasi Desai (Finance)     05 September 2010

Adjustment of Leave in FFS


I worked with a company for 3 months, and during the time they communicated a Leave Policy to everyone on email that said every employee was entitled to 32 days leave in a year. (I have a copy of that communication with me.) As I was still in probation, I was not allowed to avail of paid leave, but it accrued and I would be able to avail of the leave on successful completion of probation (3 months).

I resigned on August 4th (joined May 1st) and the company refused to adjust my pro-rata earned leave balance against my notice period shortfall. They insist that since I was never confirmed in writing, they would not adjust 8 days of pro-rata earned leave EVEN IN MY FULL AND FINAL SETTLEMENT. Can I legally dispute the calculation?

Furthermore, this company has deducted my salary for sat-sun if i was absent on a friday and monday (i.e. weekend is closed from both ends by leave, then sat-sun is also considered leave and deducted from leave balance or if no leave balance then deducted from salary as leave-without-pay).

I have already issued them a post-date cheque (for december) in good faith, but i am skeptical about the legality of the calculations they have made. Please help!


 6 Replies

V. VASUDEVAN (LEGAL COUNSEL)     05 September 2010

If you are a non-workman (executive/manager), the leave rules will be as per the policy of the company policy/rules. If you are a workman, the leave rules are as per the shops and establishment act of the state concerned where you are employed. Please give more details

Manasi Desai (Finance)     05 September 2010

I was working there as the Head of Department. It is a Fitness Company, licensed under the Bombay Shops and Establishments Act. They do not have a PF registration obtained so far, so they did not deduct PF contribution for any employee. Location : Mumbai.

Please do let me know if you need me to furnish more details! Thank you for the reply!

Ruchi Choudhary (Manager-HR)     08 September 2010

hi Meghavee,

First of all, you need to see your appointment letter clause that after probation you are deemed to be confirmed in writting or automatically you will be confirmed. If it is written that untill and unless  you are confirmed in writing you will be probation then u cannot claim ur leaves. Secondly, if we talk about laws regarding sandwich leaves(if you take leave on friday/monday and saturday/sundays are off; then saturday/sunday will be sandwich leaves) you cannot fight with them as they have correctly deducted it.


REEMA KHADE (ACCOUNTANT)     10 August 2016


I want information regarding sandwich leave if i take leave on saturday and Monday and Monday  will be in the next month in that case sandwich leave consider?

Kumar Doab (FIN)     11 August 2016

Relate leave rules of the company with enactments that apply to establishment and employee e.g;


Shops & Estbs Act

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