If we are terminating any employee and given 15 days notice period. So during notice period can we allow him to take leave for Diwali occasion?
26th October 2018 From India, Pune
Availing Leave of Absent from Duty-whether during Notice Period Or otherwise- is subject to Sanction of Leave Applied for. If the Applicant has Leave due and the Exigencies of Work /Operations does not demand his/her presence, Leave is granted and availed.
Kritarth Team,
26th October 2018 From India, Delhi
Dear Priyanka,
Without prejudice to the reasons, the employee is under orders of termination and serving the notice period of 15 days at the end which his termination would be effective. Therefore, the entire notice period falls within his service in the establishment without affecting his employment benefits whether contractual or statutory. I think you will have no objection to the fact that leave is a statutory benefit of employment though its sanction might be a matter of discretion of the employer based on work exigencies,if any. Diwali, being a festival holiday, what would you achieve by insisting him to work on that day just because he is under notice period? Besides, you have to pay him extra wages and another day of holiday in substitution as per sec.18 of the Maharashtra Shops and Estts Act,2017, if it is applicable to your establishment.
Therefore, exercise your discretion.
26th October 2018 From India, Salem
Does your establishment remain open on Diwali? is there no holiday for it?
26th October 2018 From India, Mumbai
Thank you so much for replying. I think my question was wrong. apart from Diwali holiday she has asked for 3 days more leaves . Diwali is on 7 and 8( Offical Holiday) she has asked for leave on 5,6 and 9. and his last day is on 14. so my concern is should be allow her for leave because this may affect on other employees.
30th October 2018 From India, Pune
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