Adjustment Of Notice Period Against Accumulated Earned Leaves - CiteHR
Sandeep Todi
Strategy Leader
Hr, Ir, Law, Disc. Matters
Eswararao Ivaturi
Ex-manager (pers&adma)
+1 Other

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In my Present Company, As per the HR Policy they have mentioned that :

Notice period waiver is first adjusted against the accumulated leave balance, if any, of the colleague. The remaining accumulated leaves will be en-cashed as part of F & F settlement. However, if the accumulated leave balance is insufficient for adjustment against notice period waiver, the colleague will compensate the Company as stated in (c) above.

Currently My Notice Period is 90 days and I have around 20 Earned Leaves in my account. When I talked to my manager regarding my Last working days and regarding adjustment of Earned Leaves against the Notice Period, he denied saying that the leaves will not be adjusted against the Notice Period and this is the instructions from the higher managment.

Now when there is a policy that Notice period waiver will be first adjusted against the accumulated leave balance, how they can do this ? Is higher management above the company HR Policy.

Please tell me, is there any way I can legally fight with them on this ?


- Manoj

Please check with HR or your colleague, whether there is any amendment to the HR policy which you are referring, if there is no amendment then send a letter asking the clarification which you have mentioned in the Forum.
No, there is no any amendment to the HR Policy. Can I ask this to my HR directly or I need to go through my Manager. If in case HR also denies the fact, then what are the other options ? In case HR told me that My Manager or Higher Management is not ready to adjust the Leaves against Notice Period then what can I do ?
Instead of asking send a letter to your reporting manager with a copy to the HR Head, lets think positive, since it is the moral duty of the HR to guide the top management about the pros and cons
Once you receive a reply to the letter, on the base we can guide you further appropriate action.

When there is a laid down
procedure for adjustment of
EL at credit in Notice pay
Management cannot deny unless it is amended and notified among the employees. While serving the notice you could have
mentioned in about the adjustment of EL and process further,so that
you would have got a proper reply. You can now meet the HR and personally discuss
the matter and confirm
any amendment was made to
this which has not come to
your notice. In case no
amendment is issued, then
you can approach the higher authorities with an application for adjustment
of EL. Legal proceeding is the last step if required.
Eswara Rao Ivaturi

You can press for getting your leave adjusted and deal with it firmly. If necessary, get some support from your managers to strengthen your case. Use legal approach as a last resort. You may get your leave adjusted after a long and protracted case. But consider if :
a) The lengthy battle is worth your time, and what is the money you stand to gain after spending this time
b) It's a small world and legal fights can get echoed into the ears of your new employer. This may not bode well for you in the long run.

Dear all, Adjustment of leave against notice period is not automatic, first of all it needs to be sought specifically in writing. Secondly, the management has the option to accept it or reject it. Where the employee is handling sensitive assignments, the adjustment can be refused so as to complete the assignments in hand of the employee or to train a second person in such tasks, an employer cannot be suddenly left in the lurch and some sort of continuity is to be ensured. Nevertheless, if the leave adjustment is refused, then leave salary is to be paid. It appears that you have not sought leave adjustment specifically but you can still give an application seeking your relieving after adjusting leave to your credit failing which you should insist on leave salary, which is payable within three days of your leaving as per Factories Act. KK
I am in agreement with Sandip. A legal battle on this account is not worth keeping in consideration your requirement for change as it would require enormous time and energy as well besides the reputation you will earn.

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