How to Determine the Last Working Day for an Employee Who Resigned During Extended Leave?

Dear All,

I am in serious doubt regarding a case where one employee of my organization was on leave for marriage purposes from 28th November to 27th December 2008. However, on 26th December 2008, I received an email from him with a medical certificate attached, citing his illness. In the email, he requested an extension of his leave until 22nd January 2009. I acknowledged the receipt of his medical certificate. On 19th January 2009, I received his resignation, in which he mentioned that he would not be able to join us on 22nd January 2009 due to his illness, as he could not request a further extension of leave and was currently unable to return to the office.

Now, please let me know what will be the last working day to complete his full and final processing. Will it be 28th November 2008, the day he started his holiday, or 19th January 2009, the day he resigned?

Regards,
Neetu Singh

Daal mein kuch kala hai, better investigate the case carefully without hurting the employees' sentiments.

Since he has not returned to the office and signed the muster roll on the date of expiry of his leave, the entire leave granted would stand canceled, and his last working day would be the day on which he was present at the office, i.e., 27th Nov. 2008 (the day preceding his leave). On the other hand, if he had resumed duty and then resigned, he would have been eligible for the leave. As he has been sanctioned leave up to the 22nd, please see whether he reports on the 22nd or not. If he comes on the 22nd, then that date shall be treated as the last working day, and he could be relieved on that day only.

Regards,
Madhu.T.K

Dear Ms. Neetu,

To my mind, as far as the full and final settlement of the resignee is concerned, it should definitely be on the 27th of November (the last day in the office) before he/she goes on leave for marriage purposes. If, during the continuation of leave, someone submits their resignation, the last day should be the day when he/she officially worked, taking into account the muster roll/attendance sheet.

Thank you.

Biswajit Pani

Dear Neetu,

Please proceed as advised by Mr. Madhu. I also agree with him. If the employee shows up on January 22, consider it as his last working day; otherwise, treat it as November 27.

Thank you, Mr. Madhu, for your valuable input on this matter.

Regards,
Surabhi

Dear,

I think if his leaves have been approved up to 27th Dec., then his last working day will be 27th December. If your HR Department has approved his leaves, then how can you exclude these days from his final settlement?

If he goes to court and proves that the company has granted him leaves, what will be your response?

So, in my point of view, you should calculate his salary after taking into account the days his holidays were approved.

Regards,
Sagheer Ahmed

Dear Neetu,

In my opinion, you should consider the last working day as January 19, 2009, the day he resigned, to err on the safer side since you have already approved his leave until then. Until that day, you can treat him as Leave Without Pay (LWP).

Regards,
Jyoti

Dear Neethu,

I think you can go ahead with Mr. Madhu's advice, but simultaneously, you have to keep in mind the notice period to be served as per the appointment terms and his leave balances. In the separation note, you have to deduct the short day of the notice period too.

I request advice from members on how to calculate the final settlement in terms of days.

Regards,
Sree.

Dear Neethu,

I think you can go ahead with Mr. Madhu's advice, but concurrently, you have to keep in mind the notice period to be served as per the appointment terms and his leave balances. In the separation note, you have to deduct the short notice period days too. I request advice from members on how to calculate the final settlement in terms of days.

Regards,
Sree.

Please refer to your company's separation policy as well. It generally states what would be the last day, i.e., the last recorded attendance or the last day of approved leave. If it's not been written, please do incorporate this to avoid confusion.

Acknowledging the receipt of a medical certificate without any written note on acceptance or rejection would be treated as approved leave.

Our legal experts, please comment in case it needs correction.

Having applied for leave and sanctioned up to 26 December, his last day will normally be that date. However, if you are considering regularizing his absence up to 19 January on medical grounds, then that will be his last day of service. I feel in any case the date on which he started his holidays cannot be treated as the last day, as proceeding on leave cannot be considered the final day.

Subramanian PP