How Should Leave During Notice Period Affect an Employee's Resignation Date?

Please suggest to me that in case an employee resigns and the resignation period is one month, and the employee has also applied for his privilege/earned leaves for a week or two (during his notice period as well) and still has some leaves left in his leave bank.

Kindly guide me on whether we should include or exclude the leave period from his notice period and take the effective date of the notice period after his leaves are over (as there is no mention in the leave policy that leaves, if granted during the resignation period, shall be included/excluded in the resignation period).

Dear Rupa,

Actually, it depends. It depends on your company's standard policy that you currently have. If you don't have any, then follow the similar industry trend. In our company, personnel are allowed to take their unused leave, but there are conditions as well. The rule is that the resigned personnel should complete all the work that was assigned to him/her earlier.

Thanks and regards,

Dear Rupa,

We allow them to avail CL during the notice period, but that period can be extended. In sickness, according to the situation, we have to react.

Murali

Hi,

In our company, and also in the one I was working at previously, your leaves would lapse or rather be frozen upon the submission of a resignation letter. However, if an employee takes leave, i.e., unpaid/unapproved during this period, he has to return at least 4 working days prior to his last working day in the organization. In other words, an employee cannot go on leave and subsequently quit.

Hope this was of some use to you.

Regards,
Soumya Shankar

Notice Period and Annual Leave

Notice period cannot be given when the employee is on annual leave.

With best regards,
Elisante

Normally, what is followed is to adjust the unavailed privilege/earned leaves against the notice period. This involves deducting those number of days from the notice period, thereby reducing the notice period duration. For example, if an employee has 15 days of PL unavailed, then the notice period can be shortened to 15 days instead of 1 month.

Regards,
Jeene

Adjustment of Unavailed Privilege/Earned Leave

Unavailed P.L./E.L. (Privilege/Earned Leave) can be adjusted against the notice period. If there are any leave days remaining after this adjustment, they can be paid to the employee along with the settlement dues. Any C.L./S.L. remaining will be frozen and will have no effect (Unutilised Leave).

Regards,
Suresh K

No Adjustment of Privilege Leave Against Notice Period

There shall be a clear-cut notice that no privileged or any other leave will be adjusted against the notice period. The leave (Sick/Casual/Annual) during the notice period will be adjusted as without pay. An employee can avail only compensatory payable leave (CPL) during the notice period.

Thanks and Regards,
Sadiq Waseer

Hi all,

Please help. I have received a very confusing query from an employee. The case is that an employee has to serve a notice of 45 days after resigning. The employee served a notice of 11 days, and the remaining 34 days were adjusted against his PL balance. Now, he is saying that the complete notice period pay of 45 days should be paid to him. Whereas, in my view, as we have adjusted the PL against his notice period balance not served, he is not entitled to any pay.

Please help.

Hi All,

Can anyone give advice? An employee resigned from the company without giving us 30 days' written notice. His resignation letter was signed by the department head and submitted to HR four days after the effective date of his resignation. We did not process his separation pay since he did not follow the 30 days' written notice, and his immediate superior did not sign the clearance because he did not have a proper exit interview and turnover of his accountability.

Thanks.

Hi, I am working at one of the reputed IT companies for the last 15 months. I have recently resigned from my job and am currently serving a one-month notice period. Prior to my resignation, the company had no complaints about my work or targets. However, during the notice period, they have suddenly started pressurizing me.

Concerns During Notice Period

My question is, after completing the notice period and fulfilling the work they require, can they trouble me to receive my last month's salary and a relieving letter? Is there any law governing private limited organizations in such situations?

Regards,
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