Leave During Notice Period - Employment Agreement

Dear seniors,

Pls do let me know what will happen in the following case:

An employee, who has decided to leave his job, tenders his resignation in one and half month advance instead of three months. As per employment agreement he is supposed to serve three months notice before leaving the job or salary in lieu thereof.

But the problem arises when he goes on 15 days leave (either on sick leave or LTA leave) during that notice period (during that one and a half month notice period).

Now my question is, should those 15 days leave be included in the notice period or not? What can be the company action in that case that is legally correct?

Pls reply soon, I will be thankful to you.

Regards,

Dev

We had a similar situation where the employee had applied for his marriage leaves and were approved and meanwhile he resigned and during the notice period he went on marriage leaves and called up HR to tell that he will not be joining back.

Dear Dev,
Yes, the 15 days leave shud be included and it is legally correct, provided, he shud hav to hav lev in his account. u can post me for any more clarification. " Keep rockin.......

Dear Chun,

Thanks a lot for your post. Actually I was thinking to change my job and planning to do so. We are supposed to serve three months notice or salary in lieu thereof which is practically not possible.

Well I am looking for any opening in Delhi and NCR. Can u pls help me in this regard? My email id is [Login to view]

Thanks with regards,

Dev

Dear Dev,
Sorry yaar, I have no contacts at Delhi, I am a South Indian. Will sure aid u if I come across any openin at Delhi. Keep Rockin......