Dear Sir/ Madam, Please confirm if any employee resigned and his notice period is 1 month . and he is heaving some CL and SL pending . can he avail after resign?
Please confirm.
29th September 2017 From India, Haridwar

Dinesh Divekar
Business Mentor, Consultant And Trainer
Sr. Hr Executive
Manager - Hr & Ir
+2 Others

Dear Deepak,

It is completely depending on the company policy, as many companies has a policy where if employee has an excess CL or SL balance in his leave account then he/she can use maximum 2 or 3 CL OR SL during notice period. Excess leave balance means, for eg : if you have given 6 days CL for the year that mean 0.5 per month and employee had resigned in in September,2017 and he has more than 2 days balance in CL then he can use excess CL during his resignation period. There are also many companies who don't allow employee on resignation to take any paid leave. Thus now it's completely depend on the policy that you want to follow.
29th September 2017

Dear Mr.Jain,

The employee cannot entitled any type of Leave either CL or SL after resignation and in the notice period. If the clause is mentioned in the terms & conditions of employment i.e. in the appointment letter, he is not eligible. Only in emergency cases such as sickness or sickness of family members etc., leave is permitted and sanctioned by the employer and the notice period to be extended for such no.of .days leave he availed.

In normal conditions, he is not entitled/availed any type of leave.


29th September 2017 From India, Chennai

Dear Deepak,

Earlier there was exhaustive discussion on the subject. You may click the following link to refer it:


Eligibility for leave and separation from the company are the two unconnected issues and need to be seen differently. If in the appointment letter, employer inserts clause to prohibit exiting employee to avail of leave then that is illegal. Employee leave is a statutory benefit and it remains in force till the last day of the employment.

For Majoj: - Your views about balance leave apart, no company can make a leave policy to impose prohibition of leave contrary to the laws in vogue.

For VR Rao Pulipaka: - There is no law that prohibits resigning employee from availing of leave. I am surprised at the averment with which you have written about ineligibility of the leave of a resigned employee.

For rest of my views, please check the link.


Dinesh Divekar
29th September 2017 From India, Bangalore

Hello All, different organizations follow different leave policies that needs to be cross checked with Appointment Letter at time of joining.
In my organization, "leave cannot be taken during notice period" is stated by us or reporting manager to resigned employee so that he takes no leaves.But many resigned employees take leaves, in such case we extend the NP.
So you should talk with your reporting manager or HR if you really need the leave.

Thanks and Regards,
Akash Sharma
1st October 2017 From India, Delhi

Dear Akash Sharma,

You have written that you have clearly stated in the appointment that "leave cannot be taken during notice period". Well gentleman, can you please confirm under the provision of which labour law, you have inserted this clause?

There is no law that empowers employer to devise this kind of clause. The problem in India is that the implementation of any law, whether labour law or otherwise, is weak. This works to the advantage of mighty or employers in the case at hand. People at the lower rung always suffer because of the exploitation.


Dinesh Divekar
1st October 2017 From India, Bangalore

Dear Mr.Divekar,

Pl note that Leave is a matter of right on the part of employee. It is prerogative/ discrimination part of the employer.
I regret to inform that in India No Labour Laws (Central Acts) define the concept of Leaves.Only State laws i.e.Shops & Establishments can derive the part of CL's/SL's varies from State to State.

As what I suggest, It is legally valid and bind on the part of employee i.e. comes under Terms & Conditions of employment which are reciprocated in the appt.letter and accepted by the employee.

Hope you can understand the scenario & Circumstances on the part of Notice period, the employee cannot availed any type of leave in normal conditions.


5th October 2017 From India, Chennai

Dear Mr Dinesh,

You have misinterpreted my words. I have not said it is mentioned in Appointment Letter, I have clearly said that it is stated by us or reporting manager in order to avoid leaves taken during NP, I have given an example. But still our employees take leaves, hence, we extend their NP. I am aware of the law and its implications.

Thanks and Regards,

Akash Sharma
5th October 2017 From India, Delhi

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