Notice Period Dilemma: Should Leave Days Count Towards Resignation Notice?

Dear seniors,

Please let me know what will happen in the following case:

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

The problem arises when he takes 15 days of leave (either sick leave or LTA leave) during the notice period (the one and a half month notice period).

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

Please reply soon. I will be thankful to you.

Regards,

Dev

We had a similar situation where the employee had applied for his marriage leave, which was approved. Meanwhile, he resigned, and during the notice period, he went on his marriage leave. He called HR to inform them that he would not be returning.

Dear seniors,

Please let me know what will happen in the following case: An employee, who has decided to leave his job, tenders his resignation one and a half months in advance instead of three months. As per the employment agreement, he is supposed to serve a three-month notice before leaving the job or salary in lieu thereof.

The problem arises when he goes on a 15-day leave (either on sick leave or LTA leave) during that notice period (the one and a half month notice period). Now, my question is, should those 15 days of leave be included in the notice period or not? What can be the company's legally correct action in that case?

Please reply soon. I will be thankful to you.

Regards,
Dev

Dear Dev,

Yes, the 15 days of leave should be included, and it is legally correct, provided he had enough leave in his account. You can contact me for any further clarification. Keep rocking.

Corrected text has been provided with spelling, grammar, and formatting errors fixed.

Dear Chun,

Thanks a lot for your post. Actually, I was thinking of changing 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 you please help me in this regard? My email ID is devenderku9@yahoo.co.in.

Thanks with regards,

Dev

Chun wrote:
"Dear Dev,
Yes, the 15 days' leave should be included, and it is legally correct, provided he should have leave in his account. You can ask me for any more clarification. Keep rocking..."

Please let me know if you need any further corrections.

Dear Dev, Sorry, yaar, I have no contacts in Delhi. I am a South Indian. I will surely aid you if I come across any openings in Delhi. Keep rockin...