Hi, if an employee is in 30 days notice period. He has 5SL/CL left. Can he use that leaves in notice period. If he takes leaves in notice period we need to considered as a Lop or leave. plz suggest
From India, Kadapa

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Dear friend,
Sanction of leave to the employee is under the provisions of Shops and Establishment Act or Factories Act whereas notice period is internal matter between employer and employee and it is not covered under any statute as such. Therefore, there is is no connection between employee leave and notice period.
To be precise, your indirect question is can the employee avail of leave during the notice period? Yes, surely if he/she is eligible. You can sanction the leave as per the policy on employee leave in vogue.
Thanks,
Dinesh Divekar

From India, Bangalore
Not only the question seems to be very trivial but also it is indicative of the negative attitude of the HR towards a fellow employee, had it been that of a HR manager's. In view of the pending works,if any and the proper and speedy handing over of the charges by the prospective resignee, no leave is normally allowed during notice period. Of course it is acceptable that notice period is not a hiatus to enjoy whatever leave at the credit of the employee according to his will and pleasure just to exhaust the leave. It should also be equally accepted by the employer that notice period is not a phase of employment which empowers him with some unbridled right to mechanically deny his exiting employee normal benefits of his employment. CL or SL being a leave arising out of some unforeseen situation should not be straight away refused just because of the ongoing phase of notice. Simply put, notice period does not take away the statutory employment rights and benefits. The employer may refuse to sanction all the pending leave during notice period but restrict to certain reasonable limit on genuine work exigencies, but should not treat the leave taken as LOP. Both the employer and employee should realize that they are not 100% compliant with the terms of the contract of employment between them. Let the employee go out with happy memories if his resignation is for his betterment..
From India, Salem
The leave policy as well as the standing order of your stablishment will guide you.
In absence of LP/SO, the employee can avail CL but not at length, where as Sick leave can be on production of medical certificate for remain sick. The employee is squarely eligible to avail those leave remained balance, as those leave are not being reimbursed.
All the leave period to be treated withing the notice period. Besides leave you can mark absent for illegal absent during notice period.

From India, Mumbai

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