Leave While On Notice Period - CiteHR
Boss2966
Industrial Relations
Malay.kumar1
Hr & Administrtion
Maheshajinjavadia
Sr. Manager Hr
Mnwakodkar
Statutory Compliance
Pon1965
Construction
V. Balaji
Ir & Hr
Smbhappy
Finance, Hr, Sectarial Practices, Law And
Brandon 69
Manager - Hr
+1 Other

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dear all,
One of our employees has put up his resignation giving three months notice as per terms of contract. Please clarify if he is entitled for any leave such as casual leave / medical leave etc during his notice period and if so, how does it affect the notice period.
Thanks
prakash

Hi
Usually, many Companies have a clause that any employee serving a notice period is not entitled to avail any leaves while he/she is running on notice period; these are then usually encashed (PLs) at the time of F&F, the CLs get lapsed; rest depends upon Company's HR whether it can allow some leverage in this reagrds.
Brandon

Dear Prakash,
It actually depends on your leave policy.
1. Few companies doesn't allow their employee to avail any vacation during their notice period. If availed it counts under LOP. Anyhow the earned leave will be enchased in their full and final settlement.
2. Few companies exhaust the employees complete Casual as well as sick leave on the day they submit their resignation. Only Earned leave will be elft over. All leave availed during the notice period counts under EL, if no EL is left over it will be considered as LOP.
3. Few companies adjust their employee leave balance towards their notice period. Sometimes they consider only EL whereas in rare cases they consider the entire leave balance in pro-rata basis.
I don't have any idea in regard to your company leave policy. But in general many companies take only Earned leave into account. If an employee avails leave during their notice period then it will not show any effect on their notice period.
- Babu

The purpose of notice period is for smooth transition. The resigned employee may be allowed only CLs/PLs which are eligible for serving in the notice period. Rest PL/EL may be encashed.
Regards
R.Ponraj

Hi, It completely depends upon your leave policy... And generally they can avail the leaves if they have any in there accounts. Regards Swati
Dear Prakash,
As Mr.Ponraj has pointed out the notice period is for the transition process. But in my opinion some companies do not entertain any leave during the notice period except in case of emergencies. Here again the notice period gets extended to the extent leave is availed by him. So it depends on your company policy.
I do agree that if you do not permit him to avail Earned leave during the notice period you are anyway permitting him to encash it during the Full and Final settlement. But the fact is he serves the full notice period facilitating smooth transition.
M.V.KANNAN

Dear Prakash,
Since Casual Leave / Medical Leave is not mandatory but is considered as facility being extended by the employer to an employee while working with the company, it is not necessary to provide him Casual Leave / Medical leave during his notice period. However, in my view, the exit of an existing employee should be cordial and a memorable one and he should not carry on any ill feeling about the company once he agrees to serve three month's notice. Let him avail one/ two days CL on any emergency and if it exceeds 3 days you may extend the notice period for such duration or you may adjust his PL against such days with consent. Always be nice with the people who served your company and keep in mind that career advancement is the right of every one if it is not available with the existing company.
All the best,
Gopal

This is upto the company's policy. Eventhough the Leave is a previlege and not a right, once he is entitled to have it please give him.
There is no such rules available to restrain anybody for availing his facility.
Please abide your company's rules.
With warm regards
S. Bhaskar
9099024667

The resignation notice period has two fold purpose. One the employer gets time to arrange for replacement. Two the present incumbent may look after the day to day function of the position at which he is working so that the work does not suffer. Both the purposes will be defeated if leave is granted during the notice period. One or two days' leave will be okay but not long leave. Anyhow the employee will get encashment so he will not be at loss.The management has right to refuse the leave during notice period depending upon the circumstances and needs of the organization. During notice period if the employee commits misconduct, including unauthorised absence, the management take suitable action too.
C S Thanky

Dear All, What are the provision made in Standing orger or Factory act regarding notice period and leaves. Mangesh Wakodkar

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