Sr. Hr Executive
Labour Consultant
Sr. Hr Executive
+2 Others

I want to know that if a person is serving Notice Period then we cannot give him any paid leaves so what about those leaves which he/she is having as his/her balance paid leaves?
17th January 2018 From India, Ahmedabad
Dear Dhiral,
In case you are not allowing employee to utilise or adjust there paid leave while they are on notice period then you need to encash the amount to the employee against balance leave.
17th January 2018
As per my knowledge if any employee is on notice period then we cannot give him any paid leave. but in his clearance we paid him his full claim of PL (Paid leave).
17th January 2018 From India, Chennai
An employee is well entitled to take any type of leave during notice period.
17th January 2018 From India, Pune
Dear colleague,
Granting of leave during notice period depends on the policy which varies from comapny to company and there is no law which governs it's grant or refusal.
In case of refusal of leave, law provides for encashment of balance leave.
Vinayak Nagarkar
17th January 2018 From India, Mumbai
Absence during the notice period aren't permitted. Therefore, it automatically becomes unscheduled leaves, if availed under unavoidable circumstances. Any leave taken during the notice period, extends the duration by the equal number of days.
The objective of notice period is basically to enable the employer to find a replacement and train him suitably to take up the assigned tasks. During this period, the presence of the outgoing employee is essential. If an employee remain absent during this period, for whatever period of time; it disturbs the schedule.
As per law encashment of unavailed/balance leave is payable even in the case of dismissal of employee. Therefore insist on resigned employee to comply with the notice period and pay him encashment of balance leave, if due to the employee.
Pls find attached High Courts Judgments and Central Rules on leave encashment for your reference & record.
17th January 2018 From India, Thane

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File Type: docx High Courts Judgments & Central Rules on leave encashment.docx (19.7 KB, 182 views)

Leave during notice period
An employee can take leave during notice period, provided it is for a genuine reason like maternity, health issues, etc.
The Delhi High Court, in one of its judgement, said that an employee can take leave during the notice period if nothing is mentioned in the appointment letter which bars the employee from taking leave during the notice period, if he has leave to his credit and is entitled to the same.
In addition pl refer this link
Notice period
18th January 2018 From India, Pune
In lieu of Notice Period some companies have policy to adjust balance paid leaves against NP at discretion of the company. If company has not agreed to adjust NP against balance paid leaves, it implies that company requires presence of the outgoing employee to properly handover his charge/portfolio. As mentioned by some members, there is no law/rule for prohibiting laves during Notice Period. Companies may have their own rule/policy for restricting leaves during notice period so to prevent unreasonable leaves during the NP or else it will not serve the purpose of the NP.
Please note any policy/rule in contravention of spirit and object of rights given by constitution are likely to go against the company if, challenged. Hence during the NP leave/s for genuine reasons and reasonable quantity should be allowed.
As you are aware there are different types of leaves. Earned leaves are enacashable, while in some companies sick leaves are also encashable. Itís obvious that all encashable leaves in employees account (accumulated as per allowed limit) should be paid at the time of full & final settlement.
Shailesh Parikh
99 98 97 10 65
12th November 2018 From India, Mumbai
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