Employee Leave Rights During Notice Period: Understanding Policies and Extensions

Can an employee avail leave during the notice period after submitting his resignation and how much? Can his notice period be extended equivalent to leave availed by him during the notice period?

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An employee can typically avail leave during the notice period after submitting their resignation. The amount of leave that can be taken during this period would depend on the company's policies and the employee's accrued leave balance.

In some cases, the notice period can be extended by the number of days of leave availed by the employee. However, this would also be subject to the company's rules and regulations regarding notice periods and leave policies. It is advisable for the employee to check with the HR department or refer to the employee handbook for specific information on this matter.

No, the employee should not avail leave during the notice period, and in such cases, the period may be extended if decided by the employer.

In a private organization, according to the rules, an employee is not eligible for any leave during the notice period. If he/she takes leave, the notice period will be extended.

Leave is earned on account of employees' past service, and that is their right. He or she can avail that much leave without any restriction during the resignation notice period. The rest depends upon the goodwill and generosity of the employer.

Hi,

If you want to take leave on short notice, you can extend the notice period.

Regards,
Career Forum - Career Forum

To clarify, earning Earned Leave (E.L.) and taking Sick Leave (S.L.) is not a right of mine. These leaves are granted to me after completing my work. Please explain this according to the law.

Dear Dr. Rajveer,

The term is "earned leave," not 'earn leave'. Earned leave itself denotes that you have already earned leave after rendering some service, which you can avail or encash as per the rules of the organization. These rules may differ to some extent from one organization to another. However, if you are working in a Government department, there is a set of rules that are applicable to all Government departments of the State or Central Government, as the case may be. The grant of leave is at the discretion of the employer in the interest of service. If your services cannot be spared due to the urgency of service at the time you desire to avail leave.

is earn leave [E.L.] and leave [S.L.] is not my right, as this is given to me after performing my work, please clarify according to the law.

Normally, "one-day" for a month is allowed during the notice period. If the number of days exceeds unreasonably, the number of days in the notice period also extends.

Though sufficient leave is available in your credit, you cannot avail it during your notice period. However, the management shall encash the leftover leave days upon your completion of the notice period.

Dear friends,

The employee can take leave during the notice period if there is no clause in the appointment letter that prohibits the employee from taking leave during the notice period. If the employee has leave days accrued and is entitled to take them, they should be able to do so. Please refer to the judgment of the Delhi High Court published in the 2007 LLR PAGE 490.

A. Alagarsamy