CL/RH During Notice Period - CiteHR
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Dear Friends,
Need your say on this.
If an employee is serving 1 month notice period(the employee is on probation but still needs to serve the notice as was in agreement), during it can he/she take benefit of Casual/Sick Leave(1 per month) and Restricted Holiday(1 per year)? Though the employer has generally said not to take leave during notice period but can they deduct salary or create issue if one takes a RH or casual(pending of that particular month)?
Thanks

What is RH ? For any leave if the appointment letter clause provides then employer can recover the notice period amount in case of CL / SL /EL during notice period.
RH is restricted holiday as i mentioned above in my post. The company provides 8-10 normal holidays which includes gazetted as well. Beside that one can take only 1 RH in a calendar year among the list of other holidays like E-Id, Janmastami, Karwachauth, Christmas etc. So an employee can take 1 RH per year depending on the festivals they celebrate.
Hope that helps!!
Thanks

Hi,
Strictly speaking the employee has to serve 30 days notice. So if he/she avails any leave he/she has to make good for the no of days leave availed. Alternatively the company is at liberty to deduct salary for the said period.
How ever if the company/reporting manager is generous it can be over looked and only 30 days can be accounted for.
Regards,

Thanks for your reply!!
There can be many reasons for a person taking leave, it can be a festival he/she celebrates which fall in RH and just my personal thoughts that no one would like to get their pay deducted for that when they are entitled to have one RH per year which can be anytime(on any festival among the list).
Also, when an employee is completing all conditions(even in probation period) of serving 1 month notice period(which is not a clause generally seen in agreements for probation period), should he not be entitled to holidays/leave he has in pending or in form of RH?
Thanks

No one else in the community to say about this? I though its pretty big forum with active and experienced peoples out here but may be people are not sure about this one?
Dear Sir,
I am of the opinion that Casual Leave is meant for casualty which can commence at any moment of time even during working hours and that is why this kind of leave is kept separate from other set of leave. In fact, this is not leave of the type of 'leave of absence' and as such this leave can be applied at any time and can be availed.
Other kind of leave are 'leave of absence' and require pre-application and sanction.
If in case leave is to be availed during the active notice period, leave can be applied and availed and for this necessity, we can inform the management to extend the notice period by the No. of days for which leave is availed. [/COLOR]

It depend upon the terms and condition of the agreement/Standing Order of the company or the policy if any.
The basic requirement of Notice Pay is to take the proper handover and relieve the employee smoothly. It is at the discretion of the management whether they have to deduct the pay or to extent his/her notice period for few more days.

As per govt. leave rules No leave is permitted during Notice Period, all leave shall be seize. If availed then the notice period shall be extended accordingly. Balanced EL/PL will be encased and CL/SL shall be lapsed.
In the case of probation period if the probation period passed out more than equal to 240 days then clause of notice period or notice pay is applicable otherwise this clause is not applicable for both employer or employee.
Now in private sector: leave rules depends on company rules & management decision. During notice period leave can be permitted or not depends on company leave rules if there is so then can be availed otherwise not even pay also can be deducted for leave availed but legally for serving notice period or notice pay minimum 240 days of probation period is required.

Hello Actnow,
Can you pl give the details of the ACTUAL SITUATION rather than asking a generic query OR passing judgemental remarks ['........I though its pretty big forum..............']?
You already seem to have got the General Rules right, when you mentioned 'the employer has generally said not to take leave during notice period'. The choices you have or rather the answer to your query depends a lot on the circumstances of such situation(s). For eg, the employee may have a track record of absentism OR he/she may be having attitude issues & so on........... A lot of the response mechanism from the company's perspecitve would depend on the FACTS OF THE CASE rather than applying a generic rule for any & all such situations.
Hope you get the point.
However, IF you are asking this query for some Project or Research work, pl say so--the members' responses would be suitably given.
Rgds,
TS


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