Dear members,my query is I have to give one month notice period to my employer and its period will be from December to january . I want to know that will I get the benefit of leaves legally which start from 1of January because my resignation will be on 3 of January.
From India, Lucknow
Dear Nikhil,

Your question is not clear to me. By leave benefits what you mean is whether the facility to avail the leave in your credit during your notice period or the benefit of encashment of leave at your credit at the time of your relieving. As per my own understanding, no employer would allow an employee any leave other than C.L during his notice period. Since the the facility of leave is on annual basis in your establishment commencing from 1st January every year, normally leaves of non-cumulative nature like C.L, Sick Leave without medical evidence would be granted on non-proportionate basis to permanent employees only while it would be on pro-rata basis for Probationers and temporary employees. Since your notice period expires on 3rd January, no possibility of availment of non-cumulative leave of the calendar year even on pro-rata basis. However, you are entitled to cash benefit in respect of the unavailed cumulative leave at your credit on the date of your exit like E.L/P.L or by whatever name it is called in practice.

From India, Salem
If your query is whether the leave at your credit can be adjusted against the notice period, then it depends up on the terms of the contract of service.However, if you want to avail leave on genuine grounds like sickness etc during the notice period, the employer shall allow to avail it subject to extending your notice period proportionately in the event the contract f service does not provide for such leave adjustment.
HR and Labour Law Adviisor

From India, Mumbai

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