LEAVE RULES

Comp Off: Meaning, Rules, Validity, Comp Off vs Overtime and a Sample Compensatory Off Policy

What compensatory off is, when it arises under the Factories Act and company policy, how it differs legally from overtime pay, how long it should stay valid, how to record and pay it, and sample policy clauses you can adopt.

Attendance calendar marking a Sunday worked and the compensatory off taken the following week

What Comp Off Means

Compensatory off, shortened to comp off, is a paid day off granted to an employee in exchange for working on a day they were entitled to have off: a weekly off, a declared holiday, or in some policies a day when they worked far beyond the normal shift. The employee is not paid extra for the day worked; instead they receive an equivalent day of paid rest later. It is a substitution of rest days, not a payment.

The concept has a statutory root. Section 52 of the Factories Act 1948 requires a weekly holiday for every adult worker, and section 53 says that where a worker is deprived of that weekly holiday, they must be allowed compensatory holidays of equal number within the same month or the two months immediately following. State Shops and Establishments Acts contain similar provisions for weekly offs and holidays. Company policies then extend the idea to office staff, field staff and situations the statutes do not cover.

Comp off matters to payroll and to rostering because it is a hidden liability. Every Sunday someone works without a recorded comp off is a day of paid rest the company owes and has not tracked, or a day of double-rate overtime it has not paid. Both are compliance exposures, and both show up when an employee leaves and claims a stack of unrecorded comp offs in the settlement.

When Comp Off Arises: Weekly Off, Holiday and Extended-Hours Work

The clearest case is work on a scheduled weekly off. A shop floor supervisor rostered off on Tuesday is called in for an audit; she is owed a compensatory off, and under the Factories Act it must be granted within the month or the following two months. The second case is a declared holiday: a maintenance technician who works on Republic Day earns a comp off (or, under many state holiday Acts, double wages instead, at the employee's or employer's option as the Act specifies). The rules on which days count and how the substitution works are covered in our guide to weekly off rules as per labour law.

The third case is a policy extension: some companies grant a comp off, or a half-day comp off, for working an extended stretch such as a 12-hour day on an ordinary working day, or for travelling on a Sunday for official work. These are not statutory and should be drafted carefully, because for workers covered by the Factories Act or the Code on Wages, hours beyond the daily or weekly limit attract overtime wages at twice the ordinary rate as a matter of law, and a comp off cannot be used to avoid that payment.

Define in your policy the minimum hours that must be worked on the off day to earn a full comp off (commonly a full shift, or at least 4 hours for a half-day comp off), whether prior approval is mandatory, and whether the work must be at the employer's instance rather than voluntary. Without these three conditions, comp off becomes a way for employees to convert a few hours on a Saturday into a full paid day off.

  • Work on a scheduled weekly off: statutory comp off under Factories Act s.53 and most state Acts
  • Work on a declared holiday: comp off or holiday wages as the applicable state Act specifies
  • Extended hours on a working day: policy comp off only, never a substitute for statutory overtime
  • Set a minimum-hours threshold and a prior-approval requirement for every case

Comp Off vs Overtime: The Legal Position

This is where policies most often go wrong. For workers covered by the Factories Act, section 59 gives a statutory right to overtime wages at twice the ordinary rate for work beyond 9 hours a day or 48 hours a week. The Code on Wages 2019, in force since 21 November 2025, carries the same rule: overtime at not less than twice the normal wage rate, and now with the worker's consent. These are rights the worker cannot be made to give up in exchange for a day off. If a factory worker on a 6-day week works a seventh day and thereby crosses 48 hours, the hours beyond 48 must be paid at double rate regardless of whether a comp off is also granted.

Comp off is lawful as the primary remedy in a narrower situation: the worker was deprived of a weekly holiday but the total hours in the week did not exceed the statutory limit, for example because a different day was given off in the same week or because the shift pattern kept the week under 48 hours. In that case the substituted holiday satisfies section 52 and no overtime is due for the off-day work itself. For office staff outside the Factories Act, where the state Shops and Establishments Act may not prescribe overtime for salaried employees above a wage threshold, comp off by agreement is the common and generally accepted practice.

The practical rule: for hourly-rated and minimum-wage workers, security guards and factory workers, pay overtime for hours beyond the daily or weekly limit and grant comp off only for the substituted rest day. For salaried office staff, comp off by written policy is acceptable. Never present comp off to a covered worker as a replacement for double-rate overtime. The overtime computation itself is set out in our guide to the overtime calculation formula under Indian labour law.

  • Factories Act s.59 and the Code on Wages: overtime at twice the rate is a statutory right for covered workers
  • Comp off satisfies the weekly-holiday requirement; it does not extinguish overtime for hours beyond the limit
  • For guards, factory and daily-wage workers: pay overtime, grant comp off only for the rest day
  • For salaried office staff: comp off by written policy is the accepted practice

Validity, Expiry, Half-Day Comp Off and Combination Rules

Comp off should expire. Without an expiry window, balances accumulate for years and become an unbudgeted settlement cost or a reason for employees to disappear for two weeks in December. The Factories Act itself sets the outer limit for the statutory case: the compensatory holiday must be allowed within the month in which the weekly off was due or within the two months following, which is roughly a 60-to-90-day window. Company policies typically use 30, 60 or 90 days from the date earned. Sixty days is the most common compromise: long enough to find a convenient day, short enough to keep the liability visible.

Half-day comp off is useful and should be permitted, with a clear threshold: a full comp off for a full shift worked on the off day, a half-day comp off for at least half the shift (4 hours on an 8-hour shift), nothing for less. State whether half-day comp offs can be combined into a full day, and whether a comp off can be attached to earned leave or casual leave to extend a holiday. Many companies allow comp off to be combined with earned leave but not with casual leave, and cap the number of comp offs that can be taken in a month.

Also state what happens to unused comp off on exit. Under a strict reading of the statutory case, the worker is owed the holiday and, if it cannot be granted, wages for it. Most companies encash unexpired comp off in the final settlement at the ordinary daily rate and let expired comp off lapse. Write this down; the employee who leaves with 11 unrecorded Sundays will otherwise argue the point.

  • Statutory window: within the month due or the two following months (Factories Act s.53)
  • Policy window: 30, 60 or 90 days from the date earned; 60 is the common choice
  • Half-day comp off for at least half the shift worked; nothing below that
  • Define combination rules with EL and CL, a monthly cap, and the treatment of unexpired comp off on exit

Approval, Recording and the Misuse Patterns to Watch

Comp off is earned in two steps and each needs a record. First, the work on the off day must be approved in advance (or ratified within a day or two for emergencies) and the attendance for that day must show actual hours. Second, the comp off must be credited to a balance, with the earned date and the expiry date, and then applied and approved like any other leave when the employee takes it. If either step lives on WhatsApp instead of in a system, the balance is unreliable.

The misuse patterns are predictable. An employee marks attendance on a Sunday for a short visit and claims a full comp off; the fix is a minimum-hours threshold checked against actual in and out times. A manager grants comp off verbally and the employee takes it months later when the manager has moved on; the fix is expiry and system credit. A supervisor rosters staff on their weekly off routinely to avoid hiring, accumulating comp offs nobody can take; the fix is a monthly report of comp offs earned versus taken by department. And a worker who should receive overtime is given comp off instead; the fix is the classification rule in the previous section.

For payroll, comp off has three touchpoints. The day worked on the weekly off is a paid working day with no extra pay (unless overtime is also due). The comp off day taken is a paid leave day, marked as a distinct leave type so it does not consume earned leave. And unexpired comp off on exit is either encashed at the daily rate or lapses per policy. Keep comp off as its own leave type in the ledger and in the salary register so an auditor can trace each credit to the day worked.

  • Require prior approval for off-day work and verify actual hours from attendance
  • Credit comp off with an earned date and an expiry date; apply and approve like other leave
  • Review comp offs earned versus taken by department each month to catch chronic under-staffing
  • Track comp off as a separate leave type in the ledger and the salary register

Sample Compensatory Off Policy Clauses

The clauses below can be inserted into a leave policy or issued as a standalone comp off policy. Adjust the validity window, thresholds and combination rules to your business, and keep the overtime carve-out for covered workers exactly as written.

  • 1. Eligibility. An employee who, at the written instruction of their reporting manager, works on a scheduled weekly off or a declared holiday is entitled to compensatory off (comp off) under this policy. Voluntary presence at the workplace on an off day does not earn comp off.
  • 2. Prior approval. Off-day work must be approved in the attendance system before the day, or ratified by the reporting manager within 2 working days in case of emergency. Attendance on the off day must be marked through the Company's attendance app or device.
  • 3. Quantum. A full comp off is earned for at least 8 hours worked on the off day (or the full scheduled shift, if shorter). A half-day comp off is earned for at least 4 hours worked. No comp off is earned for fewer than 4 hours.
  • 4. Overtime carve-out. For employees covered by the Factories Act, the Code on Wages or any applicable minimum wage notification, hours worked beyond the statutory daily or weekly limit are paid as overtime at the statutory rate in addition to, and not in substitution of, any comp off due under this policy.
  • 5. Validity. Comp off must be availed within 60 days of the date it was earned, after which it lapses. HR may extend the validity by up to 30 days in writing where the employee's leave request within the validity period was refused for business reasons.
  • 6. Availment. Comp off is applied and approved in the Company's leave app in the same manner as other leave. Not more than 2 comp offs may be availed in a calendar month without HR approval. Comp off may be combined with earned leave but not with casual leave.
  • 7. Records. Each comp off credit records the off-day worked, hours worked, approving manager, date earned and expiry date. Employees may view their comp off balance in the self-service app.
  • 8. Exit. Unexpired comp off standing to the employee's credit on the last working day is encashed in the full and final settlement at the ordinary daily wage. Expired comp off is not encashed.
  • 9. Amendment. The Company may amend this policy with 30 days' notice, subject to applicable law.

Tracking Comp Off Automatically From Attendance

The reason comp off is chronically under-recorded is that it is earned on a day when HR is not at work and recorded, if at all, days later from memory. The fix is to derive it from the attendance record. If the roster shows Sunday as an employee's weekly off and the attendance record shows a verified punch-in at 09:02 and punch-out at 18:10 on that Sunday, the system has everything it needs to credit a comp off with the correct earned date and expiry.

Attend Mitra's roster and leave modules work together for this. The weekly roster defines each person's weekly off and the holiday calendar defines holidays per branch; attendance is verified by face, GPS or QR; and comp off is maintained as its own leave type with balances visible in the employee app and an approval workflow for availment. Overtime hours are tracked separately from attendance and flow into the attendance-linked payroll run, so the overtime carve-out for covered workers is applied automatically rather than by memory. For businesses still tracking comp off in Excel, the discipline of a single ledger with earned and expiry dates is the first step; the automation follows.

  • Derive comp off from the roster (weekly off or holiday) plus a verified attendance record for that day
  • Keep overtime hours and comp off credits as separate records that both flow to payroll
  • Show comp off balances and expiry dates in the employee app to end the WhatsApp trail

Frequently Asked Questions

What is comp off in salary terms?
Comp off does not add money to salary. The day worked on a weekly off or holiday is paid as an ordinary working day, and the comp off taken later is a paid day of rest marked as a distinct leave type, so the employee's salary is unchanged. Money enters the picture only if overtime is separately due for hours beyond the statutory limit, or if unexpired comp off is encashed on exit.
Is comp off mandatory in India?
For workers covered by the Factories Act, yes: section 53 requires compensatory holidays of equal number for any weekly holiday the worker was deprived of, to be given within the month or the two following months. Most state Shops and Establishments Acts have similar provisions for weekly offs. For salaried office staff not covered by these provisions, comp off is a matter of company policy and appointment terms.
Can an employer give comp off instead of overtime pay?
Not for hours beyond the statutory daily or weekly limit. The Factories Act and the Code on Wages give covered workers a right to overtime wages at twice the ordinary rate, and a comp off cannot replace that payment. Comp off is the correct remedy for the missed weekly holiday itself when the weekly hours stay within the limit. For salaried staff outside those provisions, comp off by written policy is acceptable.
How long is comp off valid?
The Factories Act requires the compensatory holiday within the month it was due or the two months following, which sets a 60-to-90-day outer limit for factory workers. Company policies commonly set 30, 60 or 90 days from the date earned, with 60 days the most common. Write the validity period into the policy and have the leave system expire unused comp off automatically.
Can comp off be encashed?
It depends on the policy. Many companies encash unexpired comp off at the ordinary daily wage in the full and final settlement, on the reasoning that the employee is owed a paid rest day that can no longer be given. Expired comp off is normally not encashed. In-service encashment of comp off is unusual. State the rule explicitly so exit settlements are not disputed.

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