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Floating Holiday

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A floating holiday, also called an optional or restricted holiday, is a day an employee selects from a published list rather than one fixed for everyone. It is a policy device that sits above the statutory holiday minimum, and unselected days ordinarily lapse.

Why they exist

A fixed holiday calendar assumes everyone observes the same days. In India that assumption fails immediately. A workforce drawn from different regions and communities observes different festivals, and a calendar that grants some of them will always be granting days that a portion of employees do not observe while missing days they do.

The floating holiday solves this cheaply. The employer publishes a list, the employee selects a stated number, and everyone gets time off on days that mean something to them.

It is worth being clear that this is an employer's device rather than an entitlement created by law. The statutory position is that national holidays must be granted and a prescribed number of festival holidays must be granted, both under state legislation. Floating holidays are what an employer adds above that, or the mechanism by which it lets employees choose within the discretionary part of its calendar.

Where they sit relative to the statutory minimum

This is the one thing that has to be right, and it is where policies go wrong.

LayerChosen byMay it lapse?
National holidaysNobody, they are mandatoryNo
Prescribed festival holidaysThe employer, from the state's notified listNo, the count must be granted
Floating or optional holidaysThe employee, from the employer's listYes, ordinarily

The failure is to build the prescribed festival count out of floating holidays. If the state requires a certain number of festival holidays and the employer offers a list from which employees select fewer than that number, an employee who selects nothing has received less than the entitlement, and the employer has arranged its own shortfall.

The clean structure is to grant the statutory festival holidays as fixed days for everyone, and offer floating holidays above that. The list of floating days can then be as long as the employer likes, because nothing statutory depends on it.

One caveat on the layer above. The statutory layers described here, the mandatory national holidays and the prescribed count of festival holidays, come from state legislation that has not been read for this entry, and no state is recorded in the source registry. The structural point stands on its own logic: a prescribed count cannot be satisfied by days an employee may decline to select. The count itself has to come from the applicable state enactment.

Making the policy work

  • Publish the list early, ideally with the annual calendar, so employees can plan around family events booked months in advance.
  • Require selection in advance rather than on the day. The point is that attendance, payroll and the team's cover all know the person is away.
  • Allow the selection to be changed with notice. Festival dates move with the lunar calendar and family plans change.
  • State the lapse rule plainly. Unselected days lapse at year end and are not encashable, and are not carried forward.
  • Pro-rate for joiners, or state clearly that a full allocation is given regardless of joining date. Either is defensible; silence is not.
  • Decide what happens when a floating holiday falls on a weekly off or a fixed holiday, and say so.

None of these is legally required. They are the terms that determine whether the policy generates goodwill or queries, and the difference between the two is usually four sentences in the handbook.

The operational side

A floating holiday is an absence that must not behave like leave.

  • It should not draw from the casual or annual leave balance. If it does, it is not a holiday, it is leave with a different label.
  • It should be marked as a holiday in attendance, so the day is paid and does not appear as a shortfall or affect attendance-linked incentives.
  • It should not reduce leave accrual, since accrual follows days worked and a holiday is not an absence from work in that sense.
  • Where an employee is required to work on their selected floating holiday, the fair treatment is to restore the selection rather than to pay a premium, since the day was discretionary in the first place.

The last point is a policy choice and worth stating, because otherwise a manager and an employee will resolve it differently every time it comes up.

Common mistakes

  • The statutory festival count built out of floating days, so a non-selecting employee falls below the entitlement.
  • Floating holidays deducted from the leave balance, which makes them leave rather than holidays.
  • No lapse rule stated, so employees assume the days carry forward and ask for encashment at exit.
  • Selection collected but not passed to attendance, so the day shows as absence and someone has to regularize it.
  • The list published in February, after employees have already planned around the festivals in question.
  • A single list used across states, when the underlying statutory festival holidays already differ by state and the floating list should sit above whatever those are locally.

Statutory reference

Act
State national and festival holidays enactments, with the Occupational Safety, Health and Working Conditions Code, 2020
Section
State national and festival holidays enactments, which prescribe the national holidays that must be granted and the number of festival holidays to be granted from a notified list. None has been read. Floating, optional or restricted holidays are not created by statute; they are an employer arrangement sitting above that minimum. Occupational Safety, Health and Working Conditions Code, 2020: section 33 (the register must record the rest day in each period of seven days, and leave).
Key limits
What the record does support is that these are live obligations with a documentary trail: section 33 requires the register to record normal working hours, the rest day in each period of seven days, leave, leave wages and overtime.

Source

Frequently asked questions

What is a floating holiday?

A day an employee chooses from a published list rather than one fixed for the whole organisation, also called an optional or restricted holiday. It lets people take the festivals they actually observe.

Are floating holidays mandatory in India?

No. National holidays must be granted and a prescribed number of festival holidays must be granted under state legislation, but floating holidays are an employer arrangement sitting above that minimum.

Can floating holidays be carried forward or encashed?

Ordinarily neither. Unselected days lapse at year end. The policy should state this plainly, because employees who are not told tend to assume the days accumulate and ask for them in the final settlement.

Do floating holidays come out of my leave balance?

They should not. A floating holiday that draws from the casual or annual leave balance is leave under another name, and it means the employee is paying for their own festival day out of an entitlement they will want later.

Can floating holidays count towards the statutory festival holidays?

No, and building the statutory count out of optional days is the main mistake in this area. An employee who makes no selection would receive fewer festival holidays than the state requires, and the employer would have arranged its own shortfall.

How Engage handles floating holidays

Engage keeps floating holidays as holidays rather than as a leave category, so a selected day is paid, does not draw from a leave balance and does not show as an attendance shortfall. Selections are made in advance against a list held per location, which is what stops the day arriving in payroll as an unexplained absence somebody has to regularize afterwards.

See leave management in Engage
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