Leave continuity if an employee rejoins same organization within 2 months? - CiteHR
Labour Law & Hr Consultant
Sr. Hr Executive
Labour Consultant
Hr Consultant
Neeki Modi
Hr Executive

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Dear seniors, Once an employee left the organization and if he rejoin same organization within 2 months. In this case, does he eligible for his previous leave or not??
Dear Neeki, If the associate is left and you have made his full and final settlement for the period of employment then he is not entitled for the same.
Thank you Manoj ji.
But now employee is saying that during the time of his rejoining, there were no clarification from HR dept. about his leave. An he is claiming for Leave with pay (he took 5 leave). What should we do in such case?

Have you given him fresh appointment letter and employee ID? If yes, do not give him any leave as he has accepted fresh offer of appointment. HR need to clarify for his past entitlement. Had he given any notice while leaving the job earlier? if not, deduct his Notice Salary. He can claim only Bonus amount, which you can pay him on or before 30.11.2017, provided his Basic & DA is less than Rs.21,000/- per month.
Every employee is eligible for balance leave encashment at the time of leaving the job. You can adjust the balance leave against shortfall of notice period, if any.

Hello Neeki,

The question of "Leave" (leave with pay) does not arise if he is a fresh appointment (irrespective of when he had left the company previously). No law in the statute governing "employment" speaks anything about not rehiring an associate. This is an internal prerogative of an company whether it can rehire / re-employ an left associate and is generally mentioned in some or the other company policy or could be a prevailing practice.

Now, if the employee had left the company before 1 - 2 month, you should have done his Full & Final Settlement and the employee should have acknowledged the same. (hope you would have also considered his "balance leave/s", gratuity-if applicable, bonus-if applicable, other applicable dues while preparing his F&F and would have paid the F&F settlement amount to him).

For you to do his Full & Final settlement, you should have received the resignation from the employee (unless it is a case of termination / retrenchment).

If these events have occurred in a sequence, it's clear that the employment had got terminated and that it is a case of re-hire / re-joining.

Again, as per what Suresh has stated, you should have issued a fresh appointment order/letter to the associate which should have been acknowledged by him.

In such a scenario, the employee's claim for having taken 5 leave (I believe he means 5 weeks) is irrational.



Please read: HR need not to clarify for his past entitlement at the time of his rejoining. Suresh
Dear Nikki,
Please inform the employee as if he is rejoining the organisation then he/she will be treated as an new employee only. Also, there is no need to explain rules or leave policy for rejoining employee as he is rejoining the company. Thus, you can tell him that there is no question of asking for explanation for carry forward of old leave and his leave structure will be considered as new joinee only.

Whatever the leave, if any in the credit of the leave a/c of the employee comes to an end either by lapse or encashment as the case be with the termination of his contract of employment. Not withstanding the time gap, if any with a subsequent appointment under the same employer arising out of a fresh contract of employment can not entitle him to the unavailed leave pertaining to his earlier service.
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