Which Leaves Can Be Used to Offset Notice Period During Resignation?

Can anyone please tell which leaves are eligible for adjustment against the notice period? We have 12 days PL, 12 days CL, and 12 days ML.

Regards,
gandhi24x7

Dear Gandhi,

Adjustment of earned leave against the notice period, encashment of leave (if any), recovery towards the notice period, etc., shall be computed with reference to the last working day at the end of the notice period applicable to an individual employee. For example, for an employee who resigns on March 14 and is required to give one month's notice, the notice period expires on the 13th of April (at the close of working hours). Accordingly, all computations shall be with reference to the 13th of April.

No ML or CL is adjustable against the notice period. The notice period is for smoothly handing over all charges and completing or assigning tasks given to an individual.

Regards,
Arun K. Mishra

Dear Gandhi,

Let me explain your query with a practical illustration.

Suppose an employee resigns from your company, and the management accepts his resignation. The notice period is one month.

He takes 2 days of CL, which was granted before his resignation was accepted for urgent personal reasons. Now, the employee genuinely falls sick and takes ML for 12 days and joins after being declared fit. Now, my question is, can you legally exclude his CL and ML from his notice period? The answer is no since authorized leave is included in the period of service.

I have provided this example because there is no bar in adjusting leaves against the notice period. It is a very narrow and negative approach to adjust only PL. At least I personally feel that the notice period should be adjusted as:

1) First against CL
2) Next against ML
3) Remainder against EL.

This sequence is followed to protect the financial interest of the employee, to which I feel the employee is entitled since he is serving his notice period.

I advocate this principle because I have seen people taking advantage by taking SL, and the management has been left with no other option once the employee produces a medical certificate.

Regards,

SC

Hi,

Going strictly by the law of the land, leaves are not permissible during the notice period. Having said that, we in HR need to adopt a very flexible approach towards employees who are leaving as they are our brand ambassadors and advertisements. Send them off with a good taste. Send them off with a bad taste, and you should expect some very acidic comments. As a policy, I have always passed on the benefit to the employee as long as there is no loss to the company. Since EL/PL are taxable, if some of these are adjusted, the employee stands to benefit. However, if the employee wants to avail leave and work an extra day to complete the exact number of days, so be it.

Regards,
Ajay

Dear Gandhi,

In the resignation point of view, only EL's adjusted against the notice period.

Regards,
Swamy

Sir,

I have resigned from the organization on the 11th month of my joining date. I am serving a notice period of 2 months. I was informed by HR that Paid Leave (PL) is applicable only after 12 months of service. However, since I have submitted my resignation before completing 12 months, I am not entitled to PL encashment. I have reviewed the company employee handbook for any such clause but couldn't find one. Please advise on what is correct and provide any references to the law applicable in this case.

Thanks & Regards,
Namit